Curtice v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit for Frown couiity: S. D. HastiNgs, Circuit Judge. This action was brought to recover for personal injuries. The original complaint, omitting title, was as follows: “First.
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Appeal from a judgment of the circuit for Frown couiity: S. D. HastiNgs, Circuit Judge. This action was brought to recover for personal injuries. The original complaint, omitting title, was as follows: “First. That the defendant is a railway corporation, organized under the laws of the state of Wisconsin; that at all times herein mentioned it owned and operated a line-of railway in and through said state and between the cities of Mari-nette and Green Bay, Wisconsin. .“Second. That at all times hereinafter stated, when injured, plaintiff, a resident of said city of Green Bay, was in the employ…
1DissentBakNes, J.
The original complaint carefully avoided any reference to the federal statute. It contained no allegation tending to show that plaintiff was engaged in interstate commerce when hurt. It shows with considerable care and particularity that he was engaged in intrastate commerce. Had a motion been made to make the pleading more definite and certain in reference to the nature of plaintiff’s employment it would have received short shrift, because it was neither indefinite nor uncertain in this regard. If the action had been begun on this complaint in the federal court it would, I think, very…
2Cases cited20 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Wingert v. CarpenterMichigan Supreme Court · 1894
- Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
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