Spaulding v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roch County. The defendant appealed from a judgment in favor of the plaintiff. The nature of the action will sufficiently appear from the report of a former appeal therein, 30 Wis., 110, and from the opinion, infra. . conceded that a master is liable for the willful act of his servant where such act constitutes negligence of the master, or, in other words, where it was done in the course of the servant’s employment, and within the scope of…
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APPEAL from the Circuit Court for Roch County. The defendant appealed from a judgment in favor of the plaintiff. The nature of the action will sufficiently appear from the report of a former appeal therein, 30 Wis., 110, and from the opinion, infra. . conceded that a master is liable for the willful act of his servant where such act constitutes negligence of the master, or, in other words, where it was done in the course of the servant’s employment, and within the scope of his authority ; and they divided the cases on this subject into four classes: (1) Cases where the master’s work or…
1Opinion of the CourtLyon, J.
This case was here on a former appeal, and is reported in 30 Wis., 110, where a sufficient statement of the principal facts of the case may be found. With a single exception, which will be mentioned hereafter, the testimony on the last trial is substantially the same as that produced on the first trial. The plaintiff again recovered, and the defendant again appeals to this court.
Upon the subject of the alleged negligence of the defendant in permitting combustible material to accumulate and remain upon its' grounds along the railroad trade, the instructions which the court gave to the jury on…
2Cases cited8 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Graves v. StateWisconsin Supreme Court · 1860
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Storey v. . BrennanNew York Court of Appeals · 1857
- Gale & Wisner v. WellsNew York Supreme Court · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Magdalene M. Smoot and Ryan M. Smoot v. Mazda Motors of America, Inc. And Tokio Marine and Fire Insurance Company, Ltd.Court of Appeals for the Seventh Circuit · 2006
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Scarpelli v. Washington Water Power Co.Washington Supreme Court · 1911
37 more not listed; retrieve them via the Exa API.