Schultz v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for personal injuries received by the plaintiff while in the service of the defendant company as a laborer on its depot grounds in tbe city of Madison, and under the circumstances hereinafter stated. The pleadings present the questions whether plain tiff’s injuries were caused by the negligence of the other employees of the defendant, and whether plaintiff was guilty of negligence which contributed thereto.
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APPEAL from the Circuit Court for Dane County. Action for personal injuries received by the plaintiff while in the service of the defendant company as a laborer on its depot grounds in tbe city of Madison, and under the circumstances hereinafter stated. The pleadings present the questions whether plain tiff’s injuries were caused by the negligence of the other employees of the defendant, and whether plaintiff was guilty of negligence which contributed thereto. The following facts are established by the pleadings and the undisputed evidence given on the trial: The main track of the defendant’s…
1Opinion of the CourtLyoN, J.
The motions for a nonsuit, and the request that the jury be directed to find for the defendant, were founded on the assumption that the evidence proved conclusively, either that the injuries complained of were not the result of any negligence of the defendant’s employees operating the train, or that the plaintiff wás guilty of some want of care which contributed proximately to such injuries. If there was sufficient evidence in the case to send these propositions of fact to the jury — that is, if it tended to show such negligence of the defendant’s employees, or if it did not show conclusively…
2Cases cited3 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Butler v. Regents of the UniversityWisconsin Supreme Court · 1873
- Chicago & Northwestern Railway Co. v. SweeneyIllinois Supreme Court · 1869
3Cited by36 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- International & Great Northern Railway Co. v. GrayTexas Supreme Court · 1885
- Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Lusted v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
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