Legal Opinion

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

Wisconsin Supreme Court

Decided November 13, 1917PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Ebwaed T. Eaieciiild, Circuit Judge. Action for personal injuries begun in the civil court of Milwaukee county. On August 5, 1915, plaintiff was in the employ of the Chicago & Northwestern Railway Company and formed a part of a crew of about ten men engaged in moving some frogs preparatory to placing them in the track.

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Appeal from a judgment of the circuit court for Milwaukee county: Ebwaed T. Eaieciiild, Circuit Judge. Action for personal injuries begun in the civil court of Milwaukee county. On August 5, 1915, plaintiff was in the employ of the Chicago & Northwestern Railway Company and formed a part of a crew of about ten men engaged in moving some frogs preparatory to placing them in the track. They consisted of two rails of from fifteen to eighteen feet in length, so welded together as to permit a train to pass from one rail to another, and were two and a half feet in width at the widest point. It…

1Opinion of the CourtViNJE, J.

If findings 1, 2, 3, 7, and 9 are sustained by the evidence, then judgment for plaintiff was properly entered, and errors assigned with reference to the submission of, or instructions relative to, findings 4, 5, 6, and. 8 become immaterial, unless such errors, if any, were of such character *269as to prejudice the jury in the making of the other findings. We cannot say that they were. This disposes of a number of assigned errors. It remains to consider those relating to the findings necessary to sustain the judgment.

Claim is made that since five or six of defendant’s witnesses, including the…

2Cases cited4 opinions

  1. Dinan v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
  2. Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
  3. Kaufmann v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
  4. Bubb v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1917

3Cited by3 opinions

  1. Shaver v. DavisWisconsin Supreme Court · 1922
  2. Setosky v. Duluth, South Shore & Atlantic Railway Co.Supreme Court of Minnesota · 1927
  3. Suts v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1931

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