McGowan v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane-county: E. G. SiebecKER, Circuit Judge. This action was brought for the recovery of damages su§-tained by the plaintiff from an injury received while in the employ of the defendant and engaged in the line of his duty as brakeman, and by reason of its alleged failure to provide a reasonably safe and suitable track and roadbed upon which he might perform his duties; his left arm having been caught between the deadwoods or…
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Appeal from a judgment of the circuit court for Dane-county: E. G. SiebecKER, Circuit Judge. This action was brought for the recovery of damages su§-tained by the plaintiff from an injury received while in the employ of the defendant and engaged in the line of his duty as brakeman, and by reason of its alleged failure to provide a reasonably safe and suitable track and roadbed upon which he might perform his duties; his left arm having been caught between the deadwoods or bumpers of two oars which he was attempting to couple together, and crushed. The charge •of negligence is that, where the…
1Opinion of the Court
' PiNNey, J.
1. The general rule is that after the evidence of the defendant is closed the plaintiff will be confined to rebutting evidence, and will not be allowed to produce original or direct evidence on his part, or go into his original-case ¡again; but the rule is not inflexible, and the court may, in its discretion, allow or refuse to receive such evidence. Campbell v. Moore, 3 Wis. 771. The plaintiff or party' holding the affirmative must try his case out when he commences, and is bound to introduce all the evidence. on his side,- except that which operates merely to answer, avoid, or…
2Cases cited8 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Kreuziger v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- Hastings v. PalmerNew York Supreme Court · 1838
- Carroll v. BohanWisconsin Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Weiss v. United Fire & Casualty Co.Wisconsin Supreme Court · 1995
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Rausch v. BuisseWisconsin Supreme Court · 1966
- D. Cleghorn v. ThompsonSupreme Court of Kansas · 1901
32 more not listed; retrieve them via the Exa API.