Savich v. Hines
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county. Lawrence W. Halsey, Circuit Judge. The complaint alleged, in substance, that while the plaintiff was in the employ of the defendant company in interstate commerce on October 18, 1918, and assisting in carrying its drawbars from one pile to another in defendant’s yards in the city of Milwaukee, the plaintiff received an injury to his foot when one of the drawbars he was carrying was permitted to fall, violently…
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Appeal from a judgment of the circuit court for Milwaukee county. Lawrence W. Halsey, Circuit Judge. The complaint alleged, in substance, that while the plaintiff was in the employ of the defendant company in interstate commerce on October 18, 1918, and assisting in carrying its drawbars from one pile to another in defendant’s yards in the city of Milwaukee, the plaintiff received an injury to his foot when one of the drawbars he was carrying was permitted to fall, violently striking his foot. Three grounds of negligence were alleged: First, negligence of the defendant’s employees in causing…
1Opinion of the CourtRosenberry, J.
In the view that we take of the case it is necessary for us to consider but one question raised here, and that is whether or not the plaintiff was engaged in interstate commerce as found by the trial court. The court found that the plaintiff was performing work necessary to the orderly and expeditious carrying on of the interstate commerce of the defendant; that the plaintiff was ordered to carry the drawbar to a railroad car which was being loaded with company material, and that the drawbar which caused the injury was immediately placed upon a car which was being loaded with company material…
2Cases cited14 opinions
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Wanzer v. HowlandWisconsin Supreme Court · 1859
- Ruck v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- Loverin & Browne Co. v. TravisWisconsin Supreme Court · 1908
- Schultz v. CulbertsonWisconsin Supreme Court · 1905
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3Cited by5 opinions
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- Radmann v. Truck Ins. ExchangeMississippi Supreme Court · 1995
- Knickerbocker v. Beaudette Garage Co.Wisconsin Supreme Court · 1926
- Krueger v. V. P. Christianson Silo Co.Wisconsin Supreme Court · 1932
- Knerzer v. WorthingWisconsin Supreme Court · 1924