Carey v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The facts are stated in the opinion. They cited Horn v. Ivdmgton, 28 Wis. 82; M., II. <& O. R. do. v. Marcott, 41 Mich. 435; Hadden v. M. & St. L. R. Go. 30 Minn. 453; G., B. c& Q. R. Go. v. narwood, 90 Ill. 426; 0. & M. R. Go. v. Gollarn, 73 Inch 261; Oahill v. Layton, 57 Wis, 615. . to the point that the defect being in defendant’s own car, under its control, the plaintiff is not required to state the defects with as much…
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APPEAL from the Circuit Court for Saule County. The facts are stated in the opinion. They cited Horn v. Ivdmgton, 28 Wis. 82; M., II. <& O. R. do. v. Marcott, 41 Mich. 435; Hadden v. M. & St. L. R. Go. 30 Minn. 453; G., B. c& Q. R. Go. v. narwood, 90 Ill. 426; 0. & M. R. Go. v. Gollarn, 73 Inch 261; Oahill v. Layton, 57 Wis, 615. . to the point that the defect being in defendant’s own car, under its control, the plaintiff is not required to state the defects with as much particularity as if the facts' lay presumptively in his own knowledge, cited Stephen on Pleading (Tyler’s 3d Am. ed.), 328;…
1Opinion of the CourtLyoN, J.
The plaintiff, being employed by the defendant company as a brakeman on one of its trains of cars, while ascending a ladder placed for that purpose on the *609outside of a freight car, and being in the line of his duty and in the exercise of due care, the ladder broke, and he fell to the ground and was seriously injured. He brought this action to recover damages for such injuries, alleging in his complaint, in addition to the facts above stated, that such ladder “ was so negligently and improperly constructed, and had become so old, loose, worn, and out of repair, that when said plaintiff, in…
2Cited by3 opinions
- Schneider v. Wisconsin Central Co.Wisconsin Supreme Court · 1892
- Doolittle v. LaycockWisconsin Supreme Court · 1899
- Moore v. Catawba Power Co.Supreme Court of South Carolina · 1904