Legal Opinion

Johnson v. Lake Superior Terminal & Transfer Co.

Wisconsin Supreme Court

Decided September 26, 1893PublishedCited by 17 opinions

APPEAL from the Circuit Court for Douglas County. The plaintiff brought his action against the defendant, a railroad corporation engaged in a general switching and transfer business at "W est Superior, to recover damages for injuries caused to the plaintiff by the alleged negligence of the defendant while the plaintiff was walking on its track, rendering the amputation of the plaintiff’s left foot necessary 5 the specific charge of 'negligence being that while the plaintiff,…

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APPEAL from the Circuit Court for Douglas County. The plaintiff brought his action against the defendant, a railroad corporation engaged in a general switching and transfer business at "W est Superior, to recover damages for injuries caused to the plaintiff by the alleged negligence of the defendant while the plaintiff was walking on its track, rendering the amputation of the plaintiff’s left foot necessary 5 the specific charge of 'negligence being that while the plaintiff, as licensee, was walking on the track, an engine of the defendant backed down on him -without giving him any warning,…

1Opinion of the CourtPranrarv, J.

1. At the time the accident occurred the defendant was running its locomotive, attached to and'drawing a train of five or six cars, rear end in front, so that the engineer and fireman were not able to keep a reasonably vigilant lookout along the track in the direction the train was moving,— a somewhat unusual method of operating the train, though quite common, perhaps, in switching yards,— and it afforded sufficient reason for keeping a lookout different from, and in addition to, that practiced by the engineer and fireman when the locomotive is run right end in front. The train was being…

2Cases cited6 opinions

  1. Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
  2. Hill v. City of Fond du LacWisconsin Supreme Court · 1882
  3. Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
  4. Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
  5. Whalen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
  2. Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
  3. St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
  4. Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
  5. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1902

12 more not listed; retrieve them via the Exa API.

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