Ditberner v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
■ APPEAL from the Circuit Court for Columbia County. The plaintiff was a section hand employed by the defendant railway company to worlc about its depot yard at Portage City. The yard is traversed by several tracks.
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■ APPEAL from the Circuit Court for Columbia County. The plaintiff was a section hand employed by the defendant railway company to worlc about its depot yard at Portage City. The yard is traversed by several tracks. While plaintiff was engaged, under the direction of his foreman, in driving a spike to hold a rail of one of the tracks in such yard, an engine of the defendant, used in the yard to make up trains, backed cars along the track on which the plaintiff was at work with his back towards the train, and struck and injured him. This action was brought to recover damages for such injuries.…
1Opinion of the CourtLyon, J.
1. The learned counsel for the defendant maintains that the statute under which this action was brought (chapter 173, Laws of 1875), is unconstitutional and void. The statute is as follows: “Every railroad company operating any railroad or railway, the line of which shall be situated in whole or in part in. this state, shall he liable for all damages sustained within this state by any employee, servant or agent of such company, while in the line of his duty as such, and which shall have been caused by the carelessness or negligence of any other agent, employee or servant of such company, in…
2Cases cited4 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Griffin v. Town of WillowWisconsin Supreme Court · 1878
3Cited by19 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
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