Leora v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: EbaNK A. Ross, Circuit Judge. This is an action to recover damages for personal injuries suffered by tbe plaintiff, wbo was injured while employed by tbe defendant. Many of tbe facts were undisputed.
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Appeal from a judgment of tbe circuit court for Douglas county: EbaNK A. Ross, Circuit Judge. This is an action to recover damages for personal injuries suffered by tbe plaintiff, wbo was injured while employed by tbe defendant. Many of tbe facts were undisputed. Tbe plaintiff, a youth seventeen years and seven months of age, was employed as a section band on tbe defendant’s railroad, at tbe station of Hoyt, about six miles west of Hurley, Iron county, Wisconsin,, early in July, 1911. He was injured on tbe 28th day of July, 1911, by jumping or falling from a handcar on which be was riding to…
1Opinion of the CourtWiNsnow, C. J.
At the threshold of this case we are met with the objection that the plaintiff was employed in inter*390state commerce when injured, and hence that the case is governed by the federal statute regulating actions for injuries suffered by employees of interstate carriers.
This objection was not made in the trial court, nor was it made in the briefs filed in this court -upon the appeal, but was first raised upon the oral argument. The question is important and far reaching. It is not in the strict sense a jurisdictional question, because the court has power to try the case whichever law be applicable.…
2Cases cited5 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Pinoza v. Northern Chair Co.Wisconsin Supreme Court · 1913
- Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898
- Dubuc v. . Lazell, Dalley Co.New York Court of Appeals · 1905
3Cited by17 opinions
- D.L. Ex Rel. Friederichs v. HuebnerWisconsin Supreme Court · 1983
- Sundquist v. Madison Railways Co.Wisconsin Supreme Court · 1928
- Karl v. Employers Insurance of WausauWisconsin Supreme Court · 1977
- Beard v. Lee Enterprises, Inc.Wisconsin Supreme Court · 1999
- Graber v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1915
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