LaNdry v. Great N. Ry. Co.

• Citation: 140 N.W. 75,152 Wis. 379
• Parties: LANDRY v. GREAT NORTHERN RY. CO. ET AL.
• Decision Date: 18 February 1913
• Court: United States State Supreme Court of Wisconsin

152 Wis. 379

140 N.W. 75

LANDRY

v.GREAT NORTHERN RY. CO. ET AL.

Supreme Court of Wisconsin.

Feb. 18, 1913.

Appeal from Superior Court, Douglas County; Charles Smith, Judge.

Action by John M. Landry against the Great Northern Railway Company and another. From an order overruling demurrers to the complaint, defendants separately appeal. Affirmed.

Action for personal injuries. The defendant the Great Northern Railway Company demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against it. Plaintiff, who was in the employ of the railway company as a switchman, alleged he was injured January 19, 1912, by coming in contact with some planks placed from one loading platform to another across a switch track in the yard of the defendant Webster Manufacturing Company while he was standing upon the footboard of an engine in the performance of his duty and without any negligence on his part. The material allegations of the complaint charging negligence as to the defendant Great Northern Railway Company are: “That the defendant Great Northern Railway Company was careless and negligent in ordering, sending, and directing plaintiff to work and go upon said switching track with said locomotive engine while said obstruction and platform was maintained and extended across said track, and without first ascertaining the existence of said obstruction upon said track, and causing the same to be removed, and further careless and negligent in not discovering said obstruction upon said track and removing the same prior to the time plaintiff was injured, and in failing and neglecting to notify and warn plaintiff of the existence or probable existence of said or similar obstructions upon said switching track, and plaintiff further alleges that defendant Great Northern Railway Company knew, or in the exercise of ordinary care could have known, of the condition of said switching track and of the obstruction thereon and planks across the same prior to the time plaintiff was injured, and were further careless and negligent in causing and allowing said obstructions to remain thereon, and in failing to furnish and provide plaintiff with a reasonably safe place in which to work, and that said place of work in, around, and about said switching place at and prior to the time plaintiff was injured, to the knowledge and within reasonable means of knowledge of the defendant Great Northern Railway Company was unsafe and highly dangerous for the doing and performing of the work which plaintiff was required to and was engaged in doing. Plaintiff further alleges upon information and belief that the engine crew of the defendant Great Northern Railway Company in charge of and operating the engine upon which he was standing and working at the time he was injured were careless and negligent in running and propelling said engine upon said switching track and against said obstruction and planks, and that, had said engine crew exercised ordinary care in the premises, it could, would, and should have discovered said obstruction and stopped said engine before running against the same.” The Webster Manufacturing Company also demurred on the ground that the complaint failed to state facts sufficient to constitute a cause of action against it. The complaint set forth that the defendant Webster Manufacturing Company was engaged in the manufacture of chairs and maintained upon its premises a side track connected with the main line of the Great Northern Railway Company over which the cars of the latter were switched in and out in the shipment of its chairs to various points, that such side track was maintained solely for the use of the Webster Manufacturing Company. It then alleged: “That it was the duty of the defendant Webster Manufacturing Company to have kept and maintained said switching track upon which the cars for and freight from its plant were to be stored and moved, free and clear of obstructions and in a reasonably safe condition for the employés of the defendant Great Northern Railway Company to use and work around, about, and upon with locomotive engines and cars in the doing of the work and the handling of the cars for said defendant Webster Manufacturing Company, and to notify said Great Northern Railway Company and its employés of any obstructions thereon or thereabouts. That the defendant Webster Manufacturing Company negligently failed to keep said switching track free and clear of obstructions or reasonably safe for the employés of the defendant Great Northern Railway Company to work upon, around, and about, but, on the contrary, the defendant Webster Manufacturing Company some time prior to the time plaintiff was injured carelessly and negligently placed, set, and maintained said obstruction and planks across the said railroad track with the ends of said planks resting upon the platforms of said Webster Manufacturing Company's plant and in such condition that to the knowledge and within reasonable means of knowledge of said defendant Webster Manufacturing Company said obstruction and planks were liable to and would cause injuries to the plaintiff or other employés of the Great Northern Railway Company who were or might be using said switching track in running and moving locomotive engines or cars thereon or for the purpose of handling or moving freight for said Webster Manufacturing Company. That said defendant Webster Manufacturing Company well knew that the employés of the defendant Great Northern Railway Company would necessarily use said switching track and pass or contact with said obstruction in doing the work of handling or moving engines or cars on said track. That said defendant Webster Manufacturing Company well knew, and in the exercise of ordinary care would have known, at and subsequent to the time of the placing of said obstruction and planks across said railroad track that plaintiff or other employés of the defendant Great Northern Railway Company were liable to be using said tracks in running said locomotive engines or cars thereon at any time during the day or night, and that said defendant Webster Manufacturing Company was careless and negligent in failing to keep said switching track free and clear of obstructions and reasonably safe for defendant Great Northern Railway Company's employés to work upon, and in placing, allowing, and maintaining said planks and obstruction across said switching track, and in failing and neglecting to cause said planks to be removed therefrom prior to the time plainti...