Jacoby v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Oscae M. Fkitz, Circuit Judge. Tbe appeal is from a judgment in favor of the plaintiff. Tbe action was brought to recover damages for tbe death of plaintiff’s husband, an employee of tbe defendant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Oscae M. Fkitz, Circuit Judge. Tbe appeal is from a judgment in favor of the plaintiff. Tbe action was brought to recover damages for tbe death of plaintiff’s husband, an employee of tbe defendant. At tbe place of tbe accident, which is about three or four hundred feet west of Merrill Park passenger depot in Milwaukee, are the two parallel main tracks of the defendant, the one to the south being the east-bound. At a distance of about ten feet to the south of the east-bound track was a sidetrack •about a mile and a half long,…
1Opinion of the Court
The following opinion was filed March 13, 1917:
Eschweiler, J.
The questions presented on this appeal are four: (1) Was the deceased at the time of the accident engaged in interstate commerce? or, (2) If not a case subject to the federal law, did the provisions of sec. 1810, Stats., the so-called fencing statute, apply, and was it rightly applied under the facts in this case by the trial court ? (3) Was there reversible error in the charge of the court or (4) in the admission of evidence as to the children of the deceased ?
No issue is raised by plaintiff on the point that if the deceased was at…
2Cases cited25 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
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3Cited by6 opinions
- Affett v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1960
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Berndl v. Director General of RailroadsWisconsin Supreme Court · 1922
- Affett v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1960
- Ewig v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.