Brabbits v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action to recover damages for injuries received by tbe plaintiff while in tbe service of tbe defendant as abrakeman on one of its trains, and when coupling cars at Clinton Junction, in tbe line of bis duty in sucb employment, The plaintiff’s hand was crushed and mutilated and permanently disabled by the sudden coming together of tbe cars which lie was engaged in coupling.
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APPEAL from tbe Circuit Court for Jefferson County. Action to recover damages for injuries received by tbe plaintiff while in tbe service of tbe defendant as abrakeman on one of its trains, and when coupling cars at Clinton Junction, in tbe line of bis duty in sucb employment, The plaintiff’s hand was crushed and mutilated and permanently disabled by the sudden coming together of tbe cars which lie was engaged in coupling. Tbe complaint alleges these facts, and also charges that the injury was caused solely by the use of a defective and unsafe locomotive engine to propel the train on which…
1Opinion of the CourtLtON, J.
It is claimed by the learned counsel for tbe defendant, that there is no testimony in the case tending to show that the engine attached to the train on which the plaintiff was employed, was defective or not reasonably safe; and that if there is any such testimony, there is none tending to prove that the defect therein caused the injury of which the plaintiff complains. After a careful perusal of .the testimony, we find ourselves unable to concur in either position.
Sinclair, the engineer in charge of the alleged defective engine, testified that it was defective in that the throttle valve…
2Cases cited2 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
3Cited by38 opinions
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Brann v. C., R. I. & P. R.Supreme Court of Iowa · 1880
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
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