Ratcliffe v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages for personal injuries alleged to have been caused on November 15, 1910, by tbe negligence of tbe defendant. Tbe defendant denied tbe material allegations of tbe complaint. Tbe jury returned tbe following verdict: “(1) Was tbe plaintiff injured at tbe time and place alleged in tbe complaint? A. (by tbe court). Yes.
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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages for personal injuries alleged to have been caused on November 15, 1910, by tbe negligence of tbe defendant. Tbe defendant denied tbe material allegations of tbe complaint. Tbe jury returned tbe following verdict: “(1) Was tbe plaintiff injured at tbe time and place alleged in tbe complaint? A. (by tbe court). Yes. “(2) Was sucb injury caused by tbe negligence of tbe employees of tbe defendant company or any of them ? A. Yes. “(3) If you answer tbe second…
1Opinion of the CourtKerwin, J.
The contention of the appellant for reversal is that at the close of the evidence the court below should have directed a verdict for the defendant on the ground that the undisputed evidence showed that when Eberling opened the switch, which act caused the injury, he was not acting within the scope of his employment; and further that the court erred in changing the answer to the sixth question from “No” to “Yes.” It is contended by appellant that unless the court below could say as matter of law that Eberling was not acting beyond the scope of his employment when he opened the switch, the…
2Cases cited7 opinions
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
- Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912
- Bergman v. HendricksonWisconsin Supreme Court · 1900
- Cobb v. SimonWisconsin Supreme Court · 1903
- Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Linden v. City Car Co.Wisconsin Supreme Court · 1941
- Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920
- Erickson v. FoleyNorth Dakota Supreme Court · 1935
- Mandel v. ByramWisconsin Supreme Court · 1926
- Gray v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.