Hinz v. Chicago, Burlington & Northern Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Buffalo county: E. B. Bundy, Circuit Judge. The plaintiff’s intestate was a section man on the defendant’s railroad. On the morning of Sunday, September 9, 1894, the hand car upon which the crew of which he was one was going out over its section on its tour of inspection came in collision with one of defendant’s locomotives hauling a fast stock train, and plaintiff’s decedent was killed.
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Appeal from a judgment of the circuit court for Buffalo county: E. B. Bundy, Circuit Judge. The plaintiff’s intestate was a section man on the defendant’s railroad. On the morning of Sunday, September 9, 1894, the hand car upon which the crew of which he was one was going out over its section on its tour of inspection came in collision with one of defendant’s locomotives hauling a fast stock train, and plaintiff’s decedent was killed. The action is under the statute to recover damages for his wrongful death. Ordinarily, this crew started out to its daily “work at 7 o’clock in the morning. On…
1Opinion of the CourtMaRshall, J.
Ho principle is more firmly established than that the servant assumes all the risks ordinarily incident to his employment, and all risks attending such employment as carried on by the master, known to such servant or which, by the exercise of ordinary intelligence and prudence, under the circumstances of the situation, he ought to know; that when a servant of a railway company has knowledge of the manner in which its trains are run, in re-*19speot to anything that may subject persons circumstanced as such servant is liable to be in the performance of his duties to danger of personal injury, he…
2Cases cited6 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Pennsylvania Railroad v. WachterCourt of Appeals of Maryland · 1883
- Olson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Larson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
- Ives v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1906
- Southern Railway Co. v. SimmonsCourt of Appeals of Georgia · 1919
- Stone v. Union Pacific RailroadUtah Supreme Court · 1909
- Lindstrom v. Great Northern Railway Co.Supreme Court of Minnesota · 1915