Luebke v. Chicago, Milwaukee & St. Paul Railway Co.

This case was' here on a former appeal by tbe plaintiff from a judgment of nonsuit, and is reported in 59 Wis. 12J. That judgment was reversed by a divided court' (Cassoday and Taylob, JJ., dissenting) on tbe ground that it was tbe duty of tbe defendant company to provide a watchman to prevent any collision by other cars with that under which tbe plaintiff was at work, and there was no evidence whatever that tbe company bad performed that duty. Tbe cause has been again tried, and tbe plaintiff recovered a judgment, from which tbe defendant appeals.

Tbe testimony on the two trials is…