Howland v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for injuries to plaintiff’s person, alleged to 'have resulted from defendant’s gross negligence. The defendant appealed from an order overruling its general demurrer to the complaint. The substance of the complaint is stated in the opinion. 1. Where two employees of a company are in a different line of employment, and one is injured by the negligence of the other, the company is liable.
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APPEAL from the Circuit Court for Milwaukee County. Action for injuries to plaintiff’s person, alleged to 'have resulted from defendant’s gross negligence. The defendant appealed from an order overruling its general demurrer to the complaint. The substance of the complaint is stated in the opinion. 1. Where two employees of a company are in a different line of employment, and one is injured by the negligence of the other, the company is liable. A carpenter employed to work about the cars is not a fellow-servant of the engineer. Pyne v. Railroad Go., 54 Iowa, 223. Where a carpenter was…
1Opinion of the CourtOrton, J.
The following appears to be a reasonable interpretation of the complaint, having reference to what is briefly expressed and clearly implied in its-very imperfect statement of the facts: The defendant’s train, with the conductor and others in charge of it, was at the time engaged in the business of clearing the railroad trade from accumulations of snow upon it, and for that purpose the: train was furnished with the r. sual appliances, including a snow-plow. The plaintiff, with several others, was employed to go upon and with the train to use shovels in assisting to remove snow from the track…
2Cases cited9 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Hoth v. PetersWisconsin Supreme Court · 1882
- Cahill v. LaytonWisconsin Supreme Court · 1883
12 more not listed; retrieve them via the Exa API.