Promer v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. This action was brought by the plaintiff, one of the employees of the defendant company on its night repair force •at the city of Eaukauna, to recover damages sustained in ■'consequence of an injury received by Mm in the yard of •the company at said city wMle engaged in his work, alleged 'to have been caused by the defendant’s negligence, on the ■morning of December 24, 1891,…
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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. This action was brought by the plaintiff, one of the employees of the defendant company on its night repair force •at the city of Eaukauna, to recover damages sustained in ■'consequence of an injury received by Mm in the yard of •the company at said city wMle engaged in his work, alleged 'to have been caused by the defendant’s negligence, on the ■morning of December 24, 1891, while it was yet very dark. The negligence alleged -was that the defendant company, at the time mentioned, caused to be…
1Opinion of the CourtPinney, J.
1. There is, no doubt, a considerable degree of danger attending tbe service in which tbe plaintiff was engaged as one of tbe night repair force in tbe defendant’s yard, where trains were frequently arriving and departing, and cars, singly or in number, were continually being shunted or driven back or forth on tbe various tracks, or switched from one to another; and there can be no doubt but that tbe dangers which are unavoidable, in tbe exercise by tbe company of reasonable care and precaution in guarding its employees against such perils, are assumed by them in con*220senting to accept…
2Cases cited14 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
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3Cited by21 opinions
- Wertheimer v. SaundersWisconsin Supreme Court · 1897
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Cornec v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1931
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
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