Karras v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeai, from a judgment of the circuit court for Iron county: G. N. Risjobd, Circuit Judge. Action for personal injury. In February, 1913, plaintiff, then about fifty years of age, came to this country from Greece. Since his arrival and up to ’the time of his injury on June 12, 1915, his principal employment was that of a section repair man on railroads.
Read the full summary
Appeai, from a judgment of the circuit court for Iron county: G. N. Risjobd, Circuit Judge. Action for personal injury. In February, 1913, plaintiff, then about fifty years of age, came to this country from Greece. Since his arrival and up to ’the time of his injury on June 12, 1915, his principal employment was that of a section repair man on railroads. On 'June 12th, for the purpose of peeling hemlock ties, he was given a hatchet or small broadax beveled on one side, with a handle about fourteen inches long measured from the head. The hatchet was dull and somewhat nicked. A couple of hours…
1Opinion of the CourtVinje, J.
Was the trial court right in holding that plaintiff was engaged in interstate commerce? There is no •question but that the defendant was so engaged and that any actual repair work to its track at the time and place of injury would be interstate commerce work. Pedersen v. D., L. & W. R. Co. 229 U. S. 146, 33 Sup. Ct. 648. The nature of the work being done at the time of the injury determines whether or not it is an interstate commerce employment. Ruck v. C., M. & St. P. R. Co. 153 Wis. 158, 140 N. W. 1074; Ill. Cent. R. Co. v. Behrens, 233 U. S. 473, 34 Sup. Ct. 646. It appears that the ties…
2Cases cited10 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917
- Stork v. Charles Stolper Cooperage Co.Wisconsin Supreme Court · 1906
- Meyer v. LadewigWisconsin Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Williams v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1936
- Anderson v. MoserNebraska Supreme Court · 1959
- Conway v. Southern Pac. Co.Utah Supreme Court · 1926
- Eley v. Chicago Great Western RailroadSupreme Court of Iowa · 1918