Smith v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Monroe County. While plaintiff, who was a brakeman on one of defendant’s trains, was engaged in tbe performance of bis duty as such by putting on tbe brake upon one of tbe cars of a “ wood train,” tbe brake-staff, as be alleges, “ broke in twain just below tbe wheel, near tbe top of tbe car, commonly called a cogwheel, on account of an old crack or seam in tbe same, unknown to tbe plaintiff and which be bad no opportunity of knowing.”
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APPEAL from tbe Circuit Court for Monroe County. While plaintiff, who was a brakeman on one of defendant’s trains, was engaged in tbe performance of bis duty as such by putting on tbe brake upon one of tbe cars of a “ wood train,” tbe brake-staff, as be alleges, “ broke in twain just below tbe wheel, near tbe top of tbe car, commonly called a cogwheel, on account of an old crack or seam in tbe same, unknown to tbe plaintiff and which be bad no opportunity of knowing.” In consequence of tbe breaking of this staff or rod, tbe plaintiff was thrown upon tbe track, and suffered severe injuries.…
1Opinion of the CourtOole, J.
Passing by tbe other exceptions taken on tbe trial, we tbink the circuit court erred in denying tbe motion for a new trial, for tbe reason that there was no evidence which warranted tbe jury in finding that tbe defendant was guilty of negligence in not applying a proper and sufficient test to tbe brake-rod. As we understand tbe special verdict, tbe company was not found guilty of any other act of negligence or misconduct, than in that particular. Por, in answer to the third question submitted, whether tbe defendant was guilty of negligence in not knowing of tbe defect in tbe brake-staff, or…
2Cases cited5 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
3Cited by23 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
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