Phipps v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. This action was brought to recover damages for the death of Charles Phipps on the ground of alleged negligence of the defendant. After the case was at issue the plaintiff examined Thomas II. Gill, attorney, Charles M. Morris, secretary, and O. N. Kalk, chief engineer, of defendant, under sec. 4096, Stats. (1898), and acts amendatory thereof.
Read the full summary
Appeal from orders of the circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. This action was brought to recover damages for the death of Charles Phipps on the ground of alleged negligence of the defendant. After the case was at issue the plaintiff examined Thomas II. Gill, attorney, Charles M. Morris, secretary, and O. N. Kalk, chief engineer, of defendant, under sec. 4096, Stats. (1898), and acts amendatory thereof. The examinations were had and completed before the 1st day of June, 1907. On June 17, 1907, plaintiff’s attorney gave notice of further examinations pursuant to the…
1Opinion of the CourtKeewiN, J.
1. It is insisted that tbe orders are not ap-pealable under tbe rule laid down in Phipps v. Wis. Cent. R. Co. 130 Wis. 279, 110 N. W. 207. But it will be seen that on the former appeal tbe order appealed from was “merely an interlocutory order regulating tbe manner of procedure upon tbe examination,” and therefore not appealable. One-of tbe orders here is an order requiring Hayes to answer tbe questions put to him and submit to tbe examination. Tbe other order refused to stay and restrain tbe plaintiff from taking the depositions of tbe other witnesses under sec. 4096,. Stats. (1898). Both of…
2Cases cited21 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Hayes v. MissouriSupreme Court of the United States · 1887
- Duncan v. MissouriSupreme Court of the United States · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- State v. Central Lumber Co.South Dakota Supreme Court · 1909
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Maercker v. City of MilwaukeeWisconsin Supreme Court · 1912
- Pedrick v. First National Bank of RiponWisconsin Supreme Court · 1954
12 more not listed; retrieve them via the Exa API.