Legal Opinion

Pennison v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided May 22, 1896PublishedCited by 9 opinions

Appeal from an order of the circuit court for Brown county: S. D. Hastings, Jb., Circuit .Judge. This is an action to recover damages against the defendant company for personal injuries sustained by the plaintiff, May 24, 1890, while in the- employ of the Milwaukee & Northern Railroad Company as a brakeman on its road, and caused, as it is alleged, by the negligence of the latter company.

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Appeal from an order of the circuit court for Brown county: S. D. Hastings, Jb., Circuit .Judge. This is an action to recover damages against the defendant company for personal injuries sustained by the plaintiff, May 24, 1890, while in the- employ of the Milwaukee & Northern Railroad Company as a brakeman on its road, and caused, as it is alleged, by the negligence of the latter company. The ground relied on to charge the defendant company for the tort or wrong of the Milwaukee & Northern Railroad Company is that the defendant company afterwards “purchased and had assigned to itself the…

1Opinion of the CourtPiNNET, J.

The allegations of the complaint do not show a consolidation of the Milwaukee & Northern Kailroad Company with the corporation defendant, under N. S. sec. 1833 or sec. 1788, or otherwise, so as to impose on the latter the liabilities of the former company. Cases cited declaring and illustrating the effect of consolidation in respect to the debts and liabilities of the companies of which the consolidated company is composed are not material to the present inquiry. The complaint shows simply that what is called in some of the books a “ succession ” has taken place, and that the property and…

2Cases cited10 opinions

  1. Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
  2. Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
  3. Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
  4. Erie & Western Railway Co. v. GriffinIndiana Supreme Court · 1883
  5. Wright v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1869

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

3Cited by9 opinions

  1. Forest Laboratories, Inc., (Cross Appellant) v. The Pillsbury Company, (Cross Appellee)Court of Appeals for the Seventh Circuit · 1971
  2. Panther Pumps & Equipment Company, Inc., Now Morrison Pump Co., Inc. v. Hydrocraft, Inc., Paul W. Schlosser and Edward DrathCourt of Appeals for the Seventh Circuit · 1977
  3. Penny L. Springer v. Nohl Electric Products CorporationWisconsin Supreme Court · 2018
  4. Parson v. Roper Whitney, Inc.District Court, W.D. Wisconsin · 1984
  5. Oak Distributing Co. v. Miller Brewing CompanyDistrict Court, E.D. Michigan · 1973

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

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