O'Brien v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. The plaintiff was a brakeman in the employ of the defendant. His particular work at the time of the accident was in the defendant’s yard in Milwaukee, switching cars. The particular ground of defendant’s liability, as alleged in the complaint, is the failure of fellow switchmen to obey the plaintiff’s signals.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. The plaintiff was a brakeman in the employ of the defendant. His particular work at the time of the accident was in the defendant’s yard in Milwaukee, switching cars. The particular ground of defendant’s liability, as alleged in the complaint, is the failure of fellow switchmen to obey the plaintiff’s signals. The plaintiff went between two freight cars for the purpose of coupling them together. He claims that he gave the proper signal at the proper time for the train to stop, which was disregarded, and the…
1Opinion of the CourtNewman, J.
The question of the credibility of witnesses and testimony is always for the jury. So, if it was competent, as matter of law, for the jury to believe the plaintiff’s testimony, then the case should have gone to the jury. There is no such rule of law as that -one. who has previously made a statement, even purposely false, but out of court, of the matter in controversy, shall not be believed when he testifies, under oath and in court, to a different version of the same matter. It is considered that some element bf credibility is imparted to the statement of the witness by the confirmation of…
2Cases cited2 opinions
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Kruse v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
3Cited by8 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Lewis v. PrienWisconsin Supreme Court · 1897
- McDougall v. Ashland Sulphite-Fibre Co.Wisconsin Supreme Court · 1897
- Leiser v. KieckheferWisconsin Supreme Court · 1897
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