Graber v. Duluth, South Shore & Atlantic Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■county: W. J. Purser, Judge. Action to recover for a personal injury. Defendant was engaged in interstate and intrastate commerce of railroad transportation character. Plaintiff was in its employ, his business, in the main, being that of a brakeman between Soo Junction and Marquette in the state of Michigan.
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Appeal from a judgment of the circuit court for Douglas ■county: W. J. Purser, Judge. Action to recover for a personal injury. Defendant was engaged in interstate and intrastate commerce of railroad transportation character. Plaintiff was in its employ, his business, in the main, being that of a brakeman between Soo Junction and Marquette in the state of Michigan. Soo Junction was a terminal transfer point where cars were brought from within 'and without the state and placed in or made up into trains for completion of transit. That service was essential to the interstate as well as the…
1Opinion of the CourtMaeshall, J.
Appellant’s complaint is of submission of the case to the jury on the question of whether respondent, at the time he was injured, was engaged in interstate commerce, and within the scope of the federal Employers’ Liability Act.
Whether a particular service or engagement therein is of interstate commerce character, is a question of law. The facts being undisputed, jury interference is unnecessary, and, if objected to, is improper, though not, necessarily, prejudi-cially so. Where the facts are so in dispute as to justify, from one viewpoint, a finding in respect thereto on any vital element one…
2Cases cited9 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Missouri, Kansas & Texas Railway Co. v. United StatesSupreme Court of the United States · 1913
- United States v. Chicago, M. & P. S. Ry. Co.District Court, E.D. Washington · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
- Reul v. Wisconsin Northwestern Railway Co.Wisconsin Supreme Court · 1917
24 more not listed; retrieve them via the Exa API.