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…
1Concurring in part, dissenting in part 1
The following opinion was filed November 30, 1909:
2Concurring in part, dissenting in part · SiebeckbeSiebeckbe, J.
While I concur in the reversal I must dissent from the decision requiring submission of the question of plaintiff’s contributory negligence to the jury.
The court holds that the contract of employment required the plaintiff to ride back and forth between the stations and to use the facilities provided by the railway company. His predecessor had customarily ridden on the engine. The officials of the company in charge of trains or engines and-having authority to compel the plaintiff to ride in some particular place on a train not only permitted…
3Cases cited5 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Lucas v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
- Miller v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908
- Leasum v. Green Bay & Western RailroadWisconsin Supreme Court · 1909