Flannagan v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
-APPEAL from, the Circuit Court for Jefferson County. Action for an injury to the plaintiff’s person from defendant’s negligence. The case made by the complaint was substantially as follows: Defendant was a railroad corporation of tlie state of Michigan, operating a line of road from Ne-gaunee to Escanaba in that state.
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-APPEAL from, the Circuit Court for Jefferson County. Action for an injury to the plaintiff’s person from defendant’s negligence. The case made by the complaint was substantially as follows: Defendant was a railroad corporation of tlie state of Michigan, operating a line of road from Ne-gaunee to Escanaba in that state. On the 31st of August, 1872, and for a long time prior thereto, plaintiff was in defendant’s employ, under a contract by wbicli be was to perform services as a brakeman on ore trains in and about the yards and ore docks of defendant at Escanaba; and in such employment he was…
1Opinion of the CourtCole, C. J.
The learned circuit judge granted the nonsuit in this case on the ground that the undisputed testimony showed that the plaintiff was guilty of contributory negligence. In his opinion the learned circuit judge says that it was proper to advert to the nature of the plaintiff’s employment, and to consider whether it did not impose upon him more than ordinary diligence, or tire diligence of an ordinary switch-man, while performing his services. The learned judge states that it was quite apparent, by reason of the duties that were cast upon plaintiff by his employment, that he must have known it…
2Cases cited5 opinions
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Flanagan v. the Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by14 opinions
- Hoth v. PetersWisconsin Supreme Court · 1882
- Yeaton v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Chesapeake & O. R. v. HennesseyCourt of Appeals for the Sixth Circuit · 1899
- Goltz v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1890
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