Stone v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. This action was brought by the plaintiff’s intestate, Jefferson Stone, for the recovery of damages for being unlawfully, forcibly, and violently ejected from a train of cars of the defendant, whereby he was pitched forward onto the ground, injuring his left side and foot and injuring him internally, and while the train was moving at an alleged rapid rate of speed.
Read the full summary
APPEAL from the Circuit Court for St. Croix County. This action was brought by the plaintiff’s intestate, Jefferson Stone, for the recovery of damages for being unlawfully, forcibly, and violently ejected from a train of cars of the defendant, whereby he was pitched forward onto the ground, injuring his left side and foot and injuring him internally, and while the train was moving at an alleged rapid rate of speed. The train in question was a through freight train,, prohibited by orders from carrying passengers. The intestate boarded said train at North Wisconsin Junction, to go to the city…
1Opinion of the CourtPiNNEY, J.
1. There was sufficient evidence to warrant the submission of the case to the jury, under the instructions of the court, to find whether the conductor put the plaintiff’s intestate off the train in a proper way and using proper care; that if the conductor did not use proper caution, but compelled him to get off against his will, while the train was in motion so that it was dangerous for him to get off, and as a result he received injuries, it would be their duty to find for the plaintiff, whether he was a passenger or not. And the evidence was sufficient, in our opinion, to sustain the…
2Cases cited5 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Stewart v. EvertsWisconsin Supreme Court · 1890
- Abbot v. HeathWisconsin Supreme Court · 1893
3Cited by9 opinions
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Keller v. Town of GilmanWisconsin Supreme Court · 1896
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1902
- Texas & N. O. R. Co. v. StephensCourt of Appeals of Texas · 1917
- Bell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.