Wedgwood v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Scmlc County. Action for injuries suffered by tbe plaintiff in tbe course of bis employment as a brakeman upon a freight train on a division of defendant’s road in the state of Illinois. Tbe substance of tbe complaint is stated in the report of a former appeal herein, 41 "Wis., 478; and tbe evidence given at tbe trial, as well as tbe errors alleged here, will sufficiently appear from tbe opinion, infra.
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APPEAL from tbe Circuit Court for Scmlc County. Action for injuries suffered by tbe plaintiff in tbe course of bis employment as a brakeman upon a freight train on a division of defendant’s road in the state of Illinois. Tbe substance of tbe complaint is stated in the report of a former appeal herein, 41 "Wis., 478; and tbe evidence given at tbe trial, as well as tbe errors alleged here, will sufficiently appear from tbe opinion, infra. Tbe plaintiff had a verdict and judgment; and tbe defendant appealed.
1Opinion of the Court
Cole, J".
This case has been once before this court, on appeal from a judgment dismissing tbe complaint, and will be found in 41 "Wis., 478. We then held that tbe facts stated in tbe complaint showed an actionable injury, and reversed the judgment. Tbe cause went back for trial, and, on tbe trial, when tbe plaintiff rested, the defendant moved for a nonsuit, which was denied. Again, at tbe close of tbe testimony on both *46sides, the defendant moved to dismiss the complaint and for judgment of nonsuit, whicli was also denied. The first and second errors assigned are these rulings of the court.
We…
2Cases cited2 opinions
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
3Cited by10 opinions
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Beach v. Bird & Wells Lumber Co.Wisconsin Supreme Court · 1908
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