Keeley v. Great Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. On the 13th day of May, 1901, Michael Neeley, a switch foreman in the employ of the Great Northern Railway Gom- ' pany} was killed in the yards of the company in Superior by being crushed between a box car and a car in bad order, which latter car he was endeavoring to couple on to the box car with a wire cable.
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Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. On the 13th day of May, 1901, Michael Neeley, a switch foreman in the employ of the Great Northern Railway Gom- ' pany} was killed in the yards of the company in Superior by being crushed between a box car and a car in bad order, which latter car he was endeavoring to couple on to the box car with a wire cable. The switch track, on which the accident happened, is about half a mile long, extends from north to south, and had about thirty-five cars standing on it at the time. This track was used both…
1Opinion of the CourtWinslow, C. J.
It is first claimed that the plaintiff should have been required at the” close of her ease to elect as to which defendant she would proceed against. She had produced one witness (Harty) who testified that the Great Northern engine was suddenly backed without warning and that the Terminal engine did not move, and another witness (Pierce) who testified that the Terminal engine moved southward and caused the accident, while the Great Northern engine and car stood still; and thus the evidence stood when the plaintiff’s case closed. The claim cannot be sustained. • The plaintiff herself did not…
2Cases cited3 opinions
- Loucheine v. StrouseWisconsin Supreme Court · 1880
- Brewster v. CarmichaelWisconsin Supreme Court · 1876
- Bauer v. RichterWisconsin Supreme Court · 1899
3Cited by30 opinions
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Dworak v. TempelIllinois Supreme Court · 1959
- Theodosis v. Keeshin Motor Express Co.Appellate Court of Illinois · 1950
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- State v. WhitenerSupreme Court of South Carolina · 1955
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