Dugan v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The complaint alleges, in effect, that on the morning of March 31, 1891, the plaintiff was a fireman in the employ of the defendant, and at work upon his engine, then standing at the water tank at the city of Eau Claire; that in the discharge of his duty the plaintiff 'went upon the tender and pulled down the spout to supply the engine with water; that after he had supplied the engine with water, and while be was standing…
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APPEAL from the Circuit Court for Eau Claire County. The complaint alleges, in effect, that on the morning of March 31, 1891, the plaintiff was a fireman in the employ of the defendant, and at work upon his engine, then standing at the water tank at the city of Eau Claire; that in the discharge of his duty the plaintiff 'went upon the tender and pulled down the spout to supply the engine with water; that after he had supplied the engine with water, and while be was standing upon the rear portion of the tender, with his hands above his head, pushing up the spout, the engineer, without giving…
1Opinion of the CourtCassoday, J.
1. There can be no doubt but what the rules of the defendant company, applicable to the service of the plaintiff and the operation of the engine in question, were properly admitted in evidence. Schultz v. C. & N. W. R. Co. 44 Wis. 638; Townley v. C., M. & St. P. R. Co. 53 Wis. 626; Lockwood v. C. & N. W. R. Co. 55 Wis. 50; Hoye v. C. & N. W. R. Co. 62 Wis. 668; Phillips v. C., M. & St. P. R. Co. 64 Wis. 475; Abbot v. McCadden, 81 Wis. 563; Beems v. C., R. I. & P. R. Co. 58 Iowa, 150, 10 Am. & Eng. R. Cas. 658.
2. Exception is taken because counsel for the plaintiff, in addressing the jury,…
2Cases cited10 opinions
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
- Phillips v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Holum v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Roche v. PenningtonWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.