McKivergan v. Alexander & Edgar Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas •county: 0. Smith, Judge. This action was brought to recover damages which plaintiff ■claims to have suffered by the negligence of defendant. The defendant is a corporation under the laws of Wisconsin, “organized for the purpose of carrying on a general logging, lumbering, and manufacturing business, buying and selling real estate and merchandise.” In connection with defendant’s business it operates a private railroad.
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Appeal from a judgment of the superior court of Douglas •county: 0. Smith, Judge. This action was brought to recover damages which plaintiff ■claims to have suffered by the negligence of defendant. The defendant is a corporation under the laws of Wisconsin, “organized for the purpose of carrying on a general logging, lumbering, and manufacturing business, buying and selling real estate and merchandise.” In connection with defendant’s business it operates a private railroad. The operation of its railroad business extends from Iron River, Bayfield county, "to a place one mile west of Brule — a…
1Opinion of the CourtSiebeckeR, J.
The court awarded judgment dismissing ■the complaint, notwithstanding the verdict, fox the reason that no actionable negligence had been shown against defendant. The ruling was based upon the ground that the liabilities established by the provisions of sec. 1816, Stats. 1898, did not attach to defendant. This section provides:
“Every railroad company operating any railroad which is in whole or in part within this state shall be liable for all damages sustained within the same by any of its employees without contributory negligence on his part ... (2) while any such employee is so engaged in…
2Cases cited5 opinions
- Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
- Roe v. WinstonSupreme Court of Minnesota · 1902
- Beeson v. BusenbarkSupreme Court of Kansas · 1890
- Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf RailroadWisconsin Supreme Court · 1900
- Manhattan Trust Co. v. Sioux City Cable Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1895
3Cited by13 opinions
- E. E. Taenzer & Co. v. Chicago, R. I. & P. R.Court of Appeals for the Sixth Circuit · 1909
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Taylor v. Prairie Pebble Phosphate Co.Supreme Court of Florida · 1911
- Jones v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
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