Rupert v. Chicago, Milwaukee, St. Paul & Pacific Railroad

The following opinion was filed October 14, 1930:

Fritz, J.

As Rupert was injured while engaged in interstate transportation and the case comes within the federal Employers’ Liability Act, to entitle the plaintiff to recover, under the present federal statutes and decisions, she .must *566establish that there was negligence on the part of the defendant which, in whole or in part, caused Rupert’s injuries. New Orleans & N. E. R. Co. v. Harris, 247 U. S. 361, 367, 38 Sup. Ct. 535; Richter v. C., M. & St. P. R. Co. 176 Wis. 188, 186 N. W. 616.

It is undisputed that the space between the rails and…