Legal Opinion

Kath v. Wisconsin Central Railway

Wisconsin Supreme Court

Decided April 19, 1904PublishedCited by 20 opinions

Appeal from a judgment of tbe circuit court for Fond du Lac county: Michael Ejewah, Circuit Judge. Tbis is an action to recover damages for personal injuries. Tbe plaintiff was a locomotive fireman in tbe employ of tbe defendant, and on tbe nigbt of January 20, 1901, at about 9 o’clock p. m., tbe engine wbicb be was firing fell tbrougb a wooden bridge, wbicb bad been partially burned, upon tbe defendant’s road, and tbe plaintiff was seriously injured.

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Appeal from a judgment of tbe circuit court for Fond du Lac county: Michael Ejewah, Circuit Judge. Tbis is an action to recover damages for personal injuries. Tbe plaintiff was a locomotive fireman in tbe employ of tbe defendant, and on tbe nigbt of January 20, 1901, at about 9 o’clock p. m., tbe engine wbicb be was firing fell tbrougb a wooden bridge, wbicb bad been partially burned, upon tbe defendant’s road, and tbe plaintiff was seriously injured. Tbe complaint charges negligence in three respects: (1) Failure to place warning lights or signals at the ends of tbe defective bridge; (2) tbe…

1Opinion of the CourtWiNslow, J.

An objection to certain evidence will be first considered. The plaintiff was injured in January, 1901, and commenced this action in the following April. Dr. Gavin treated him regularly from the time of his injury until the following October. Dr. Baker was consulted by plaintiff August 13, 1901, and made an examination of the case at that time, and a further one on the 3d of September following, and treated the plaintiff as a physician regularly after the first examination. Dr. Baker was put on the stand by the plaintiff, and asked to state what the plaintiff said to him as to his injuries and…

2Cases cited7 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
  3. Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
  4. Zoldoske v. StateWisconsin Supreme Court · 1892
  5. Keller v. Town of GilmanWisconsin Supreme Court · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
  2. Greinke v. Chicago City Railway Co.Illinois Supreme Court · 1908
  3. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  4. Michalski v. WagnerWisconsin Supreme Court · 1960
  5. Maine v. Maryland Casualty Co.Wisconsin Supreme Court · 1920

15 more not listed; retrieve them via the Exa API.

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