Tarczek v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county; HeNey Geaass, Circuit Judge. Personal injuries. The plaintiff, a Eussian laborer, nineteen years of age at the time of the accident, was on the station platform at the village of Suring, Oconto county, at about 5:20 p. m. January 1, 1914, as a south-bound freight train passed the station, and in some way fell under the wheels of the train, losing his right hand and the little finger-of his left hand.
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Appeal from a judgment of the circuit court for Brown county; HeNey Geaass, Circuit Judge. Personal injuries. The plaintiff, a Eussian laborer, nineteen years of age at the time of the accident, was on the station platform at the village of Suring, Oconto county, at about 5:20 p. m. January 1, 1914, as a south-bound freight train passed the station, and in some way fell under the wheels of the train, losing his right hand and the little finger-of his left hand. He claimed that he was at the station for the purpose of talcing a south-bound passenger train which was due at 5 :50 p. m. and that…
1Opinion of the Court
WiNsnow, O. J.
No detail errors are alleged, but the broad contention is made that a verdict for the defendant should have been directed because the evidence showed beyond dispute that (1) the plaintiff was not a passenger, .(2) that the platform was sufficient and properly lighted, •(3) that the plaintiff was intoxicated, and (4) that he was guilty of contributory negligence.
If we were triers of the facts we think we should find much difficulty in reaching the conclusions reached by the jury, but we are not: our function is simply to ascertain whether there is any credible evidence to support…
2Cases cited5 opinions
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Illinois Central R. R. v. LalogeCourt of Appeals of Kentucky · 1902
- Crowe v. Michigan Central RailroadMichigan Supreme Court · 1906
- Widener v. Alabama Great Southern R. R.Supreme Court of Alabama · 1915
- Lingelbach v. Theresa Village Mutual Fire InsuranceWisconsin Supreme Court · 1913
3Cited by2 opinions
- Arneberg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Schildt v. JohnsonWisconsin Supreme Court · 1916