Porter v. Silver Creek & Morris Coal Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. Action for personal injuries. The following facts appeared upon the trial by the evidence of plaintiff andjhis witnesses, and were substantially undisputed; The accident occurred on the defendant’s coal dock at West Superior.
Read the full summary
APPEAL from the Circuit Court for Douglas County. Action for personal injuries. The following facts appeared upon the trial by the evidence of plaintiff andjhis witnesses, and were substantially undisputed; The accident occurred on the defendant’s coal dock at West Superior. This is a long dock, extending out into the water so that vessels can come up on either side to be unloaded. ■ Down the center of the dock are two railroad tracks, upon which railroad cars are switched for loading. On both sides of these tracks, and about six feet from the outside rails, are high partitions or bulkheads,…
1Opinion of the CourtWiNsnow, J.
The plaintiff’s injuries were serious, and the jury have exonerated him from negligence, but these facts alone do not entitle him to recover. The question is whether the evidence shows, or tends to show, any negligence on the part of the defendant. We are of the opinion that this question must be answered in the negative. The only ground upon which such negligence can be claimed is that the defendant furnished the plaintiff an unsafe place to work, and did not warn him of the fact that the cable was in the chute and would be lifted. Had the machinery of the dock been in regular operation…
2Cases cited3 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Williams v. Town of YorkvilleWisconsin Supreme Court · 1883
3Cited by18 opinions
- Cully v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
- Kath v. Wisconsin Central RailwayWisconsin Supreme Court · 1904
- O'Neil v. VieSupreme Court of Oklahoma · 1923
- Okonski v. Pennsylvania & Ohio Fuel Co.Wisconsin Supreme Court · 1902
13 more not listed; retrieve them via the Exa API.