Balley v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Ohajrles Smith, Judge. Tlie complaint in tliis action alleged that between the 8th and 29th days of August, 1907, the plaintiff performed work as a railroad laborer for II.
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Appeal from a judgment of the superior court of Douglas county: Ohajrles Smith, Judge. Tlie complaint in tliis action alleged that between the 8th and 29th days of August, 1907, the plaintiff performed work as a railroad laborer for II. F. Balch in constructing a portion of the defendant’s line of road, upon which account said Balch became indebted to the plaintiff in the sum of $26.73, which amount became' due and payable on the 20th day of September, 1907; that such indebtedness was not paid, and that within thirty days from the time same became due and payable plaintiff served a notice in…
1Opinion of the CourtBahNes, J.
The appellant contends that the case at bar presents the identical questions that were passed upon and decided in Matzewitz v. Wis. Cent. R. Co. 140 Wis. 643, 123 N. W. 121, and that the judgment appealed from must be reversed if that case is followed. The respondent, on the contrary, argues that the judgment should be affirmed: (1) because the evidence showing the character of Gillis’s employment by the railway company is different from that given on the trial in the Matzewitz Case; and (2) because the evidence in the present case conclusively shows that Philbrook employed the plaintiff in…
2Cases cited5 opinions
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- Vollmer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
- Sterling v. RyanWisconsin Supreme Court · 1888
- French v. LangdonWisconsin Supreme Court · 1890
- Matzewitz v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909