Luebke v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
. APPEAL from the Circuit Court for Milwaukee County. Action for personal injuries received by the plaintiff while in the employ of the defendant company. The facts are stated in the opinion. At the close of the plaintiff’s testimony a motion for a nonsuit was granted, and from the judgment entered accordingly the plaintiff appealed. They contended: 1. The burden of showing negligence of the defendant was upon the plaintiff, and he utterly failed to establish it.
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. APPEAL from the Circuit Court for Milwaukee County. Action for personal injuries received by the plaintiff while in the employ of the defendant company. The facts are stated in the opinion. At the close of the plaintiff’s testimony a motion for a nonsuit was granted, and from the judgment entered accordingly the plaintiff appealed. They contended: 1. The burden of showing negligence of the defendant was upon the plaintiff, and he utterly failed to establish it. Steffen v. G. <& H. W. B’y Go., 46 Wis., 259; Wood v. G., M. dé St. P. B’y Go., 51 id., 201; Morrison v. Construction Go., 44 id.,…
1Opinion of the CourtObtoN, J.
The plaintiff had been employed by the company to work at repairing cars on two tracks called repair tracks, which were kept locked except when a car had been repaired on one of the tracks and it was unlocked and the car run out. On the day of the accident, while the plaintiff was at work on the regular repair tracks, he, with another» was ordered by the foreman to go a short distance upon a side track to repair a car standing there and detached. He did not know that they were to makeup trains on this track, and apprehended no danger. While he was under the car *130making the necessary repairs,…
2Cases cited11 opinions
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Hoth v. PetersWisconsin Supreme Court · 1882
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Howland v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Toner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902
3 more not listed; retrieve them via the Exa API.