Chicago & Northwestern Railway Co. v. Tuite

Upon consideration of the matters urged in a petition for rehearing, I find myself unable to assent to all that is said in the opinion heretofore filed.

Upon the trial the court, by instructions given, left it to the jury to decide whether the plaintiff and one Stark were, under the law of Wisconsin at the time of the injury, fellow-servants; this is said to have been error, it being contended that the court should have told the jury what the law of Wisconsin in respect to fellow-servants was, and then left it to them to say whether the law of Wisconsin being so and so the plaintiff could…