Colf v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Eav, Claire County. Action for personal injuries. The plaintiff was an employee of defendant in its switch yards at Elroy, Wis., for about twenty months prior to the 2Tth of1 November, 1890, when the accident happened. Up to the 24th of November he had been helper in the night crew in the yard. The night crew consisted of the yard foreman, a helper, an engineer, and a fireman.
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APPEAL from tlie Circuit Court for Eav, Claire County. Action for personal injuries. The plaintiff was an employee of defendant in its switch yards at Elroy, Wis., for about twenty months prior to the 2Tth of1 November, 1890, when the accident happened. Up to the 24th of November he had been helper in the night crew in the yard. The night crew consisted of the yard foreman, a helper, an engineer, and a fireman. They used an ordinary road engine for switching purposes, and their general duties were to switch cars, and make up trains, and put them in the proper places. Their hours of labor were…
1Opinion of the CourtWinslow, J.
It is strongly contended by the appellant that no negligence is shown on the part of the railway company in locating and keeping the switch stand in question so near the main track. We think the question was fairly one for the jury. That it was so close to the track as to be dangerous to switchmen in performance of their ordinary duties can hardly be doubted. There is testimony to show that the projecting arm was only seven and one-half inches from the gangway step of an engine as it passed the spot. Again, there was evidence that it stood considerably closer to the track than other switches…
2Cases cited3 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Lewis v. SmithMassachusetts Supreme Judicial Court · 1871
- Kelleher v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1891
3Cited by15 opinions
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- Baltimore & Ohio Southwestern Railroad v. RobertsIndiana Supreme Court · 1903
- Hennesey v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Hodgson v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1925
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