Kalashian v. Hines
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. The plaintiff, a railroad sectionman in defendant’s employ, was on May 20, 1918, at about half-past 3 o’clock in the afternoon, in defendant’s yard at North Fond du Lac, run over by a switch engine, losing both legs. He was about thirty-seven years of age, by birth an Armenian, and had been in this country five years.
Read the full summary
Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. The plaintiff, a railroad sectionman in defendant’s employ, was on May 20, 1918, at about half-past 3 o’clock in the afternoon, in defendant’s yard at North Fond du Lac, run over by a switch engine, losing both legs. He was about thirty-seven years of age, by birth an Armenian, and had been in this country five years. He was able to talk but slightly, if any, in any language than that of his birth, and could not read or write. He had been employed as sectionman for the Minneapolis, St. Paul &…
1Opinion of the CourtEschweiler, J.
The substance of appellant’s contention on this appeal is that the court erred in its ruling on the following points:(1) That the plaintiff was not so employed in interstate commerce as to bring his right of action within the federal employers’ liability act and that his sole right was under the provisions of the workmen’s compensation act of Wisconsin.(2) In submitting to the jury any question as to alleged negligence on the part of defendant as a proximate cause of the injury and in sustaining their verdict in so finding.(3)„ In failing to hold as a matter of law that the plaintiff’s…
2Cases cited27 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
22 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cameron v. Union Automobile InsuranceWisconsin Supreme Court · 1933
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Industrial CommissionWisconsin Supreme Court · 1935
- Lind v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Wisconsin Supreme Court · 1934
- Richter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.