Gates v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to recover damages for injuries received while in the employ of defendant. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. The court could either set aside a finding contrary to the undisputed evidence, or find the fact for itself in favor of the defendant.
Read the full summary
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to recover damages for injuries received while in the employ of defendant. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. The court could either set aside a finding contrary to the undisputed evidence, or find the fact for itself in favor of the defendant. Gammons v. Abram, 53 Wis. 323; Schweickhart v. Stuewe, 75 Wis. 157; Stringham v. Cook, 75 Wis. 589. Negligence is not to be presumed. There was no implied or constructive notice to defendant that the derrick was unfastened. 28…
1Opinion of the CourtCorson, J.
This was an action brought by plaintiff, a brakeman in the employ of defendant, to recover damages for injuries received by him while in the performance of his duties as such brakeman, Verdict and judgment for plaintiff. Defendant appeals.
The accident; resulting in the injury complained of occurred in October, 1889, at Eureka, in this state, and was caused by an iron hook suspended from the arm of a derrick constructed by the defendant. The cause of the injury and the negligence of the defendant are stated in the complaint as follows: ‘‘That on or about said 4th day of October, 1889, while so…
2Cases cited7 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
- Cooper v. Central RailroadSupreme Court of Iowa · 1876
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
- Solomon Railroad v. JonesSupreme Court of Kansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boylen v. Berkey & Gay Furniture Co.Michigan Supreme Court · 1932
- Gates v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906