Smith v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jit., Circuit Judge.- This is an action to recover compensation for personal injuries received by plaintiff while he was in the employ of the defendant as a car repairer. Such injuries were received through the negligence of a yard switchman in causing a-car to be kicked against the one in which plaintiff was working.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jit., Circuit Judge.- This is an action to recover compensation for personal injuries received by plaintiff while he was in the employ of the defendant as a car repairer. Such injuries were received through the negligence of a yard switchman in causing a-car to be kicked against the one in which plaintiff was working. The trial court, at the close of plaintiff’s testimony,, granted a nonsuit on defendant’s motion upon the ground that the injuries were caused by the negligence of a fellow-servant, and that plaintiff…
1Opinion of the CourtMaRshall, J.
It has been too long and too well settled that persons working for the same employer, bearing such, relations to each other and to the business they are jointly engaged in for such employer as a switchman and a car repairer, are fellow-servants, and that the master is not liable for an injury to one through the negligence of the other unless made so by statute, to need any discussion of the subject here. This case is not within the principle of Promer v. M., L. S. & W. R. Co. 90 Wis. 215. All needful regulations were made for the safety of the plaintiff while he was-at work in the car. He put…
2Cases cited4 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Eilers v. WoodWisconsin Supreme Court · 1885
3Cited by8 opinions
- Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
- Benson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1899
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Sparks v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Hibbard v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
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