Sloan v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action to recover compensation for damages caused to the widow of Eranit Sloan, hy his death, alleged to have been produced by negligence of defendant’s servants. Issues were duly joined. All conditions precedent to tbe right to maintain the action were alleged and admitted or proved.
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Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action to recover compensation for damages caused to the widow of Eranit Sloan, hy his death, alleged to have been produced by negligence of defendant’s servants. Issues were duly joined. All conditions precedent to tbe right to maintain the action were alleged and admitted or proved. The evidence established as facts, the following: In the nighttime of September 9, 1909, while the intestate was on duty in defendant’s yards at La Crosse, Wisconsin, in charge of a switching crew he was run down and…
1Opinion of the CourtMarshall, J.
It does not seem best to review tbe evidence here, in detail, to demonstrate tbe correctness of tbe conclusion to which we have arrived. Tbe statement of facts sufficiently justifies that. It indicates that tbe opinion which tbe trial judge bad at tbe close of tbe evidence was well grounded. On tbe motion to correct tbe verdict and for judgment in respondent’s favor, be carefully reviewed tbe evidence ; showing that it was tbe duty of Sloan, and of no one else on tbe particular occasion, to turn tbe switch; that it was bis duty, and that of no one else, to give tbe signals for tbe movement of…
2Cited by4 opinions
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- McDonnell v. HestnesWisconsin Supreme Court · 1970
- Senft v. Ed. Schuster & Co.Wisconsin Supreme Court · 1947
- Wilgrube v. NastWisconsin Supreme Court · 1922