Boyce v. Wilbur Lumber Co.
Wisconsin Supreme Court
ArEEAi from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit J'udge. This is an action to recover for personal injuries. The action was originally brought against the appellant and the Chicago, Milwaukee & St. Paul Eailway Company as defendants, but upon-the trial the plaintiff was nonsuited as to the railway company, and no appeal has been taken from that judgment.
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ArEEAi from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit J'udge. This is an action to recover for personal injuries. The action was originally brought against the appellant and the Chicago, Milwaukee & St. Paul Eailway Company as defendants, but upon-the trial the plaintiff was nonsuited as to the railway company, and no appeal has been taken from that judgment. It appeared by the testimony upon the trial that three railway companies operate yards and switch tracks at the cities of Neenah and Menasha, to wit, the Wisconsin Central, the •Chicago, Milwaukee &…
1Opinion of the CourtWinslow, J.
Tbe appellant claims that a verdict should have been directed in its favor upon the undisputed evidence. This claim is based upon the fact that the two tracks at their widest distance apart are but eleven feet and three inches from center to center, and that it appears from measurements of similar cars made by one of the witnesses that, even if the gondola car stood at the widest point, there would not have been room for a person riding where the' plaintiff was riding to pass without injury. Erom these premises it is said that the appellant must be discharged, because it did not build the…
2Cases cited17 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
- William Laurie Co. v. McCulloughIndiana Supreme Court · 1910
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Jensen v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.