Toner v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. The case is sufficiently stated in tbe opinion. The defendant appeals from a judgment against it, a motion for a new trial having been denied. contended, among other things, that no express notice to the station agent of the obstruction Avas proved and none can be presumed. Nor ivas there proof of negligence on his part. The burden of proof of both was on the plaintiff.
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APPEAL from tbe County Court of Milwaukee County. The case is sufficiently stated in tbe opinion. The defendant appeals from a judgment against it, a motion for a new trial having been denied. contended, among other things, that no express notice to the station agent of the obstruction Avas proved and none can be presumed. Nor ivas there proof of negligence on his part. The burden of proof of both was on the plaintiff. JKlatt v. Milwaukee, 53 "Wis. 196; Goodnough v. Oshkosh, 24 id. 549; Bailey v. Spring Lake, 61 id. 227, 230; Jones v. 0. da N. W. R. Go. 49 id. 352; Hobbs v. Stauer, 62 id.…
1Opinion of the Court
The following opinion was filed January 11, 1887:
Cole, C. J.
I think the motion for a new trial in this case should have been granted. The action is for personal injuries sustained by the plaintiff, while in the employ of the defendant as brakeman on a freight train, known as No. 26. The plaintiff was injured 'on the night of July 8, 1885, at or near Franksville, a small station nineteen miles south of Milwaukee. The negligence charged is that the defendant company carelessly allowed its main track to become obstructed by a freight car, against which train No. 26 collided. The freight car wras…
2Cases cited15 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
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3Cited by13 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
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- Dwyer v. American Express Co.Wisconsin Supreme Court · 1892
- Telle v. Leavenworth Rapid Transit Railway Co.Supreme Court of Kansas · 1893
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