Hemmingsen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oconto county: S. D. HastiNG-s, Circuit Judge. Tbis action was brought to recover for tbe pecuniary injury resulting to tbe widow from tbe death of plaintiff’s intestate, employed by defendant as brakeman. Tbe negligence charged is in tbe construction and maintenance of one of its tracks so near a certain platform as to be “unreasonably and unnecessarily hazardous and dangerous.”
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Appeal from a judgment of tbe circuit court for Oconto county: S. D. HastiNG-s, Circuit Judge. Tbis action was brought to recover for tbe pecuniary injury resulting to tbe widow from tbe death of plaintiff’s intestate, employed by defendant as brakeman. Tbe negligence charged is in tbe construction and maintenance of one of its tracks so near a certain platform as to be “unreasonably and unnecessarily hazardous and dangerous.” Tbe jury returned tbe following verdict: “(1) Was tbe platform between which and tbe car tbe deceased, George E. Parks, was crushed, so close to tbe side track as to…
1Opinion of the Court
Kerwin, I.
1. The principal contention for reversal is that upon the undisputed evidence the deceased, George E. Parks, was guilty of contributory negligence, and therefore the court should have changed the answers to questions 3 and 4 from “Ro” to “Yes.” On the day of the fatal injury deceased was employed in switching cars on side-tracks near the platform at the plant of the Falls Manufacturing Company at Oconto Falls in this state. While thus engaged he was crushed between the platform and a moving car and died from the effects of the injuries received. The platform was about sixty-four…
2Cases cited6 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
- Sweet v. Michigan Central RailroadMichigan Supreme Court · 1891
- Kearns v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Hocking v. Windsor Spring Co.Wisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Haring v. Great Northern Railway Co.Wisconsin Supreme Court · 1909
- Pankey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Mahar v. Montello Granite Co.Wisconsin Supreme Court · 1911
- Ellis v. Union Pacific RailroadNebraska Supreme Court · 1945
- O'Connor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.