Baxter v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G-. SiebeoKee, Circuit Judge. Action by an employee of defendant to recover compensation for personal injuries received by Mm by the explosion of a locomotive engine, claimed to have béen caused by defendant’s keeping it in use with knowledge, or reasonable means of knowledge, that it was defective to a degree which rendered such an accident among the natural and reasonable probabilities, and one which, in the…
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Appeal from a judgment of the circuit court for Dane county: E. G-. SiebeoKee, Circuit Judge. Action by an employee of defendant to recover compensation for personal injuries received by Mm by the explosion of a locomotive engine, claimed to have béen caused by defendant’s keeping it in use with knowledge, or reasonable means of knowledge, that it was defective to a degree which rendered such an accident among the natural and reasonable probabilities, and one which, in the exercise of ordinary care, it should have apprehended. On January 24, 1898, plaintiff was in the employ of defendant as a…
1Opinion of the CourtMaeshall, J.
The chief controversy on the trial was as to whether the defective condition of the boiler, which caused the explosion, ought to have been discovered by the defendant before that event, and guarded against. To cover that field by the special verdict, defendant’s attorneys requested the court to submit for answers these four questions: “ Could the defects have been discovered without removing the flues from such boiler?” “Was it the ordinary custom and practice among persons generally, using locomotive boilers of a like kind, under similar circumstances, to remove the flues for the purpose,…
2Cases cited44 opinions
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Malachi v. StateSupreme Court of Alabama · 1889
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
39 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Texas City Transp. Co. v. WintersTexas Commission of Appeals · 1920
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
86 more not listed; retrieve them via the Exa API.