Schultz v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orawford County. This case was here on a former appeal, and the statement of it, which will be found in 40 Wis., 589, will not be repeated here. On that appeal a judgment for the plaintiff was reversed because the question whether he was in the service of the defendant company when injured, or of John Lawler, was not submitted to the jury.
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APPEAL from the Circuit Court for Orawford County. This case was here on a former appeal, and the statement of it, which will be found in 40 Wis., 589, will not be repeated here. On that appeal a judgment for the plaintiff was reversed because the question whether he was in the service of the defendant company when injured, or of John Lawler, was not submitted to the jury. On the retrial of the action, the testimony was very similar to that introduced on the first trial, with the exception that plaintiff testified that he made no contract with Mr. Lawler; that he considered himself in the…
1Opinion of the CourtLxoisr, J.
We think there is sufficient evidence in the case to support findings by the jury that the plaintiff was in the service of the defendant company when injured; that the pile-driver was in a dangerous condition at that time, and had been so to the knowledge of Loomis, the foreman, long enough for him to have had it repaired before the accident; and that the plaintiff was not guilty of any negligence contributing to cause the injury.
The evidence upon all of these propositions is conflicting, and it was peculiarly the province of the jury to determine, as to each, which way it preponderated. In…
2Cases cited4 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Karasich v. HasbrouckWisconsin Supreme Court · 1871
3Cited by34 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Murray v. BuellWisconsin Supreme Court · 1889
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Hall v. Northwestern R. R.Supreme Court of South Carolina · 1908
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