Ewig v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. The action is to recover damages for the death of John Ewig, a locomotive engineer in the employ of the defendant company,'which occurred December 23, 1914, in the roundhouse yard of the company at Milwaukee. A verdict for the defendant was directed at the close -of the trial, and from the judgment entered thereon the plaintiff appeals.
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Appeal from a judgment of the circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. The action is to recover damages for the death of John Ewig, a locomotive engineer in the employ of the defendant company,'which occurred December 23, 1914, in the roundhouse yard of the company at Milwaukee. A verdict for the defendant was directed at the close -of the trial, and from the judgment entered thereon the plaintiff appeals. It was stipulated at the trial that if Ewig was an employee of the defendant at the time of the accident, then the action should be tried under the federal…
1Opinion
Tbe respondent moved for a rehearing, and tbe following opinion was filed July 8, 1918:
Pee Oueiam.
Upon respondent’s motion for a rehearing attention is called to tbe case of Jacoby v. C., M. & St. P. R. Co. 165 Wis. 610, 161 N. W. 751, 164 N. W. 88, in which it was held as matter of law that a railroad employee leaving bis master’s premises after completing bis duties was not engaged in interstate commerce, and it is claimed that tbe doctrine there laid down should be applied to this case.
*607Whether it would make any difference with the result is unnecessary to be considered. Upon the trial the…
2Cases cited2 opinions
- Leora v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Jacoby v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1917