Hackett v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment .of tbe circuit court for Winnebago county; Geo. W. BubNell, Circuit Judge. Plaintiff’s decedent, a fireman, was on a work engine of the defendant September 10, 1906, with the engineer and a passenger. Tbe engine and tender were detached from the work train. The work crew and conductor were on the tender. The engineer proceeded to back up westward from Weyau-wega to Waupaca.
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Appeal from a judgment .of tbe circuit court for Winnebago county; Geo. W. BubNell, Circuit Judge. Plaintiff’s decedent, a fireman, was on a work engine of the defendant September 10, 1906, with the engineer and a passenger. Tbe engine and tender were detached from the work train. The work crew and conductor were on the tender. The engineer proceeded to back up westward from Weyau-wega to Waupaca. This was done at an increase of speed reaching, as estimated, sixty or seventy miles an hour, until the tender mounted the track, ran to one side and tipped the engine over, killing both the fireman…
1Opinion of the Court
The following opinion was filed February 1, 1910:
Dodge, J.
1. Appellant’s first contention is that verdict and judgment for the defendant should have been ordered *467upon undisputed evidence. Tbis general contention is supported on various asserted grounds, among which is the doe-trine of assumption of the risk. But under the existing statutes in this state a railroad employee, in the line of his duty, does not assume the risk of negligence in a co-employee, except perhaps in the case where he knowingly, voluntarily, and unnecessarily submits himself thereto.
Again, it is asserted that the…
2Cases cited10 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Crouse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Heimlich v. TaborWisconsin Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- M'Coullough v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Albert Miller & Co. v. WilkinsCourt of Appeals for the Seventh Circuit · 1913
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1912
- Hanaman v. Liberty Trucking Co.Wisconsin Supreme Court · 1943
- Schiefelbein v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.