Euting v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge: This is an appeal from judgment in favor of the plaintiff rendered upon a retrial of the same action considered at 116 Wis. 13, 92 N. W. 358. The jury returned a special verdict that the plaintiff Was injured by explosion of the torpedo; that such torpedo was placed on the rail not .by the fireman, but by the engineer, in the conduct or performance of defendant’s business; and'that…
Read the full summary
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge: This is an appeal from judgment in favor of the plaintiff rendered upon a retrial of the same action considered at 116 Wis. 13, 92 N. W. 358. The jury returned a special verdict that the plaintiff Was injured by explosion of the torpedo; that such torpedo was placed on the rail not .by the fireman, but by the engineer, in the conduct or performance of defendant’s business; and'that the engine was started by the engineer, and not by the fireman, with knowledge that the torpedo was upon the rail; that…
1Opinion of the CourtDodge, J.
The weight of appellant’s contention is addressed to the claim that the finding that the engineer placed the torpedo on the rail is not supported by the evidence. This *653conclusion rests upon the testimony,of three hoys, who are all positive in their statements that the engineer was the man who did this. Confessedly,, it was either the engineer or fireman, and the question is mainly one of identification. That identification on the last trial was threefold: First, the' testimony is positive that the man who placed the torpedo was-the man who started the engine, and the engine was confessedly…
2Cases cited4 opinions
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Crouse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Finney v. GuyWisconsin Supreme Court · 1901
3Cited by6 opinions
- Westfall v. WaitIndiana Supreme Court · 1905
- Cape v. Plymouth Congregational ChurchWisconsin Supreme Court · 1906
- Strehlau v. John Schroeder Lumber Co.Wisconsin Supreme Court · 1913
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1922
- Williams v. Monroe CountyWisconsin Supreme Court · 1955
1 more not listed; retrieve them via the Exa API.