Kunza v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lang-lade county: John Goodlafd, Circuit Judge. Action for personal injuries. In 1907 and 1908 the defendant maintained gasoline pumping engines at two of its stations on the Ashland division, about fifteen miles apart, viz., Monico Junction and Summit Lake, for the purpose of supplying its tanks with water. In August, 1907, the plaintiff, a young man eighteen years of age, was employed to operate the two engines.
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Appeal from a judgment of the circuit court for Lang-lade county: John Goodlafd, Circuit Judge. Action for personal injuries. In 1907 and 1908 the defendant maintained gasoline pumping engines at two of its stations on the Ashland division, about fifteen miles apart, viz., Monico Junction and Summit Lake, for the purpose of supplying its tanks with water. In August, 1907, the plaintiff, a young man eighteen years of age, was employed to operate the two engines. The plaintiff lived at Summit Lake, and his duty was to go to Monico Junction daily and operate that engine half a day, and to return…
1Opinion of the Court
The following opinion was filed October 26, 1909:
Winslow, 0. J.
The respondent’s first claim in support of the judgment is that as a matter of law the plaintiff, while riding’ upon the engine, was a trespasser. We cannot agree with this contention. The weight of authority is to-the effect that had he .been' riding in the caboose or a passenger car he would have been a co^employee with the train crew and the telegraph operator. His contract for transportation was a part of his contract of service, and while being-transported in the cars of the company in the necessary transaction of his duty as…
2Cases cited5 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Louisville & N. R. Co. v. StuberCourt of Appeals for the Sixth Circuit · 1901
- Leasum v. Green Bay & Western RailroadWisconsin Supreme Court · 1909
- Hasler v. SchumacherWisconsin Supreme Court · 1860
3Cited by5 opinions
- City of Milwaukee v. AlthoffWisconsin Supreme Court · 1914
- Wiese v. PolzerWisconsin Supreme Court · 1933
- Ewig v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1918
- Hackett v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Richter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922