Legal Opinion

Waldum v. Lake Superior Terminal & Transfer Railway Co.

Wisconsin Supreme Court

Decided April 29, 1919PublishedCited by 18 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Plaintiff was injured August 30, 1916, at Superior, while working for the Lake Superior Terminal & Transfer Rail-zvay Company, hereinafter referred to as the Raihvay Company. At the time of the accident he was engaged in switching a string of empty box cars from the yards of the Northern Pacific Railway Company to the C. Reiss Coal Company’s dock in the city of Superior.

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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Plaintiff was injured August 30, 1916, at Superior, while working for the Lake Superior Terminal & Transfer Rail-zvay Company, hereinafter referred to as the Raihvay Company. At the time of the accident he was engaged in switching a string of empty box cars from the yards of the Northern Pacific Railway Company to the C. Reiss Coal Company’s dock in the city of Superior. He was on top of a box car which was struck by other cars, and he was thrown under the cars and suffered injuries which resulted in…

1Opinion of the Court

The following opinion was filed February 4, 1919:

Rosenberry, J.

Sub. (3), sec. 2394 — 8, Stats. 1915, is as follows: “The provisions of sections 2394 — 3 to 2394 — 31, inclusive, shall not apply to émployees operating, running or riding upon, or switching freight or other trains, engines or cars for a railroad company operating a steam railroad as a common carrier,” unless both employer and employee shall have accepted the provisions of the act in writing. The Railway Company admits that it is organized as a railroad company and is authorized by its charter to do business as a common carrier,…

2Cases cited18 opinions

  1. Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
  2. St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
  3. United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
  4. Tap Line CasesSupreme Court of the United States · 1914
  5. United States v. Sioux City Stock Yards Co.U.S. Circuit Court for the District of Northern Iowa · 1908

13 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Nekoosa-Edwards Paper Co. v. Public Service CommissionWisconsin Supreme Court · 1959
  2. Radtke Bros. & Korsch Co. v. RutzinskiWisconsin Supreme Court · 1921
  3. State Bank of Drummond v. NuesseWisconsin Supreme Court · 1961
  4. Long v. ThompsonWashington Supreme Court · 1934
  5. State & Railroad & Warehouse Commission v. Rock Island Motor Transit Co.Supreme Court of Minnesota · 1940

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