Ewald v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to recover damages for personal injuries. The substance of the complaint is stated in the opinion. The plaintiff appealed from an order sustaining a general demurrer to the complaint. They contended, inter alia, that the relation of fellow-servants did not exist between the plaintiff and those operating the train by which he was injured.
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APPEAL from the County Court of Milwaukee County. Action to recover damages for personal injuries. The substance of the complaint is stated in the opinion. The plaintiff appealed from an order sustaining a general demurrer to the complaint. They contended, inter alia, that the relation of fellow-servants did not exist between the plaintiff and those operating the train by which he was injured. In all cases where it is held that persons in different departments of work are fellow-servants, they were at the particular time of the accident engaged together upon the same job or to attain the same…
1Opinion of the CourtObtoN, J.
The following portions of the complaint sufficiently raise the questions involved:- “That this plaintiff, was, at the time hereinafter mentioned, empkqmd by said defendant as a laborer, and his duty was to attend to the wiping and cleaning of locomotives belonging to said defendant, in the night-time and after they were removed from the tracks and into the roundhouse;” “that he had nothing whatever to do with the operation of said railroad or any of its rolling stock, and was not employed in any capacity upon any of the trains of said company, but his employment was confined exclusively to…
2Cases cited32 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
27 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
- Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
- Kirby Lumber Co. v. ScurlockTexas Supreme Court · 1922
- Lamphere v. Oregon R. & Nav. Co.Court of Appeals for the Ninth Circuit · 1912
38 more not listed; retrieve them via the Exa API.