Wilke v. Milwaukee Electric Railway & Light Co.

Defendant’s first contention is that there is no evidence of negligence on the part of the defendant.*621This contention requires a consideration in some detail of the facts.

Upon the road where the accident occurred defendant maintains a double set of tracks, and was engaged in repairing these tracks. As an incident to this repair the workmen, at the time of the accident, were in the act of moving a crossover switch. This crossover switch was sixty-five or seventy feet long and weighed about six tons. It consisted of ordinary street-car rails and was so designed that it could be imposed upon the…