Schultz v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Juneau County. The principal facts are stated in the opinion. Upon his cross-examination the plaintiff testified, among other things, that he had seen pieces of coal lying along the track while he was trackman.
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APPEAL from, the Circuit Court for Juneau County. The principal facts are stated in the opinion. Upon his cross-examination the plaintiff testified, among other things, that he had seen pieces of coal lying along the track while he was trackman. He was then asked, “ You knew that coal did sometimes fall off the engines ?” An objection to this question, on the ground that it was not proper cross-examination, was overruled, and the plaintiff answered, “ I had seen coal occasionally along the track before; I did sometimes.” They contended, inter alia, that it was error to permit the plaintiff to…
1Opinion of the CourtOetoN, J.
The plaintiff had been in the employment of the defendant company as track-walker from Elroy to Kendall, whose business it was to go over the track and see that everything was in order, and if anything was out of order to fix it or, if dangerous, to stop the trains. He had been thus employed about six months, but had been employed along this portion of the track about other business of the company about four years., and was well acquainted with the passing of the trains and the management of things generally along that portion of the track. On the night of the 22d of April he started about…
2Cases cited9 opinions
- Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Hoth v. PetersWisconsin Supreme Court · 1882
- Morrison v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1878
- Hughes v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
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- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
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- Boller v. CofrancesWisconsin Supreme Court · 1969
- Haworth v. StateHawaii Supreme Court · 1979
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