Sloan v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action to recover compensation for damages caused to the widow of Eranit Sloan, hy his death, alleged to have been produced by negligence of defendant’s servants. Issues were duly joined. All conditions precedent to tbe right to maintain the action were alleged and admitted or proved.
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Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action to recover compensation for damages caused to the widow of Eranit Sloan, hy his death, alleged to have been produced by negligence of defendant’s servants. Issues were duly joined. All conditions precedent to tbe right to maintain the action were alleged and admitted or proved. The evidence established as facts, the following: In the nighttime of September 9, 1909, while the intestate was on duty in defendant’s yards at La Crosse, Wisconsin, in charge of a switching crew he was run down and…
1DissentTimliN, J.
If I could make myself believe that “because of the fog and the darkness Sloan [decedent] •assumed the duty of throwing the switch for the movements leading up to the accident,” I would have no difficulty in agreeing with the majority opinion in this case. The case turns upon this point of fact. Although of opinion that the evidence was insufficient to support a verdict for plaintiff, the trial court submitted the case to the jury, who found by special verdict that plaintiff’s decedent, Frank Sloan, and his two associate switchmen," Kessler and Hawkins, were each guilty of negligence directly…
2Cases cited37 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Bennett v. StateWisconsin Supreme Court · 1883
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
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