Brinilson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee countj: OseeN T. Williams, Circuit Judge. Tbe plaintiffs intestate, a boy of tbe age of five and one-balf years, on February 22, 1906, fell into a steam and hot-water pit constructed by tbe defendant in a breakwater wbicb it maintained to protect its property along tbe shore of Lake Michigan in tbe city of Milwaukee.
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Appeal from a judgment of tbe circuit court for Milwaukee countj: OseeN T. Williams, Circuit Judge. Tbe plaintiffs intestate, a boy of tbe age of five and one-balf years, on February 22, 1906, fell into a steam and hot-water pit constructed by tbe defendant in a breakwater wbicb it maintained to protect its property along tbe shore of Lake Michigan in tbe city of Milwaukee. Tbe boy was so badly scalded by the steam and hot water discharged into this pit from tbe roundhouse of tbe defendant near by that be died on March 5, 1906. Tbe pit into wbicb tbe boy fell was in tbe center of a crib in…
1Opinion of the Court
Siebeckee, T.
The appellant avers that the place where the boy was injured is its property. This the respondent denies, and asserts that the place of injury is located on the bed of Lake Michigan, and hence not within the boundaries of the appellant’s private grounds. In the view we take of the case this question need not necessarily be considered in determining the issues raised and we therefore do not decide this controversy between the parties.
*617It is undisputed tbat tbe appellant maintained a breakwater at tbe place designated to protect its grounds from tbe action of tbe waters of tbe lake;…
2Cases cited7 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Penso v. McCormickIndiana Supreme Court · 1890
- Klix v. NiemanWisconsin Supreme Court · 1887
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
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- Angelier v. Red Star Yeast & Products Co.Wisconsin Supreme Court · 1934
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