Legal Opinion

Gray v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided May 31, 1913PublishedCited by 7 opinions

Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Personal injuries. Plaintiff, a man fifty-one years of age, was for years an employee of the defendant, and in January, 1911, was an “engine dispatcher” or “hostler” in the defendant’s yards at Antigo, Wisconsin.

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Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Personal injuries. Plaintiff, a man fifty-one years of age, was for years an employee of the defendant, and in January, 1911, was an “engine dispatcher” or “hostler” in the defendant’s yards at Antigo, Wisconsin. His duties were to take charge of every engine coming into the yards at the close of its run, empty the fire box by dumping the coal and cinders into the cinder pit, run it to the coal house to he replenished with coal, to the water tank to he replenished with water, thence to the wood bin to…

1Opinion of the CourtWinslow, C. J.

The appellant mates five contentions, viz.: (1) that the plaintiff was guilty of contributory negligence as matter of law; (2) that the engineer of the engine was not acting within the scope of his employment when the accident happened; (3) that the court erred in refusing to receive evidence tending to show that plaintiff was employed in interstate commerce at the time of his injury; (4) that the court erred in admitting in evidence proof as to pulmonary tuberculosis, and in failing to instruct the jury that there was no evidence that the accident caused his tubercular condition; and (5)…

2Cases cited2 opinions

  1. Ruck v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
  2. Ratcliffe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913

3Cited by7 opinions

  1. Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
  2. Anton v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
  3. Honer v. NicholsonSupreme Court of Minnesota · 1936
  4. Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920
  5. Baltimore & Ohio Southwestern Railroad v. BurtchIndiana Supreme Court · 1922

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