Legal Opinion

Van de Zande v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided April 2, 1919PublishedCited by 7 opinions

Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. The plaintiff, a man about forty years of age, had been for many years a section hand for defendant and claimed .to have been, injured July 28, 1916, by jumping to the ground from the doorway of a box car in which he had been working unloading ties. His work required him and the others to frequently get in and out of such cars.

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Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. The plaintiff, a man about forty years of age, had been for many years a section hand for defendant and claimed .to have been, injured July 28, 1916, by jumping to the ground from the doorway of a box car in which he had been working unloading ties. His work required him and the others to frequently get in and out of such cars. He being five inches shorter than the average man, frequently received assistance by way of boosting in getting into such cars. On this occasion he did, as he had frequently done and…

1Opinion of the Court

The following opinions were filed January 7, 1919:

Eschweiler, J.

The plaintiff’s employment at the time of the injury not being within the field of interstate com*630merce, and it being conceded that the parties were not subject to the provisions of the workmen’s compensation act, this appeal presents but the very narrow question as to whether the trial court should have held as matter of law that plaintiff’s injuries were not caused by any violation by defendant of the statutory obligations toward plaintiff imposed upon it by secs. 2394 — 48, 2394 — 49, Stats.

These statutes provide, among other…

2Cases cited8 opinions

  1. Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
  2. Kendzewski v. Wausau Sulphate Fibre Co.Wisconsin Supreme Court · 1914
  3. Mayhew v. Wisconsin Zinc Co.Wisconsin Supreme Court · 1914
  4. Kielar v. Fred Miller Brewing Co.Wisconsin Supreme Court · 1917
  5. Murphy v. Interlake Pulp & Paper Co.Wisconsin Supreme Court · 1916

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Miller v. Paine Lumber Co.Wisconsin Supreme Court · 1930
  2. Hahn v. RothsteinWisconsin Supreme Court · 1921
  3. Hopkins v. ROS Stores, Inc.District Court, W.D. Wisconsin · 1990
  4. Baker v. Janesville Traction Co.Wisconsin Supreme Court · 1931
  5. Schmidt v. Wisconsin Sugar Co.Wisconsin Supreme Court · 1922

2 more not listed; retrieve them via the Exa API.

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