Legal Opinion

Eastern Railway Co. v. Tuteur

Wisconsin Supreme Court

Decided March 20, 1906PublishedCited by 12 opinions

'Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vistje, Circuit Judge. Tbe plaintiff is a railroad corporation operating a railroad line from St. Paul, Minnesota, to tbe city of Superior, and owning and operating docks and warehouses in the city of Superior for the discharge and storage of freight, as well as the transfer of through freight from its cars to lake carriers, and vice versa,. On April 20, 1899, it entered into a written contract with the…

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'Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vistje, Circuit Judge. Tbe plaintiff is a railroad corporation operating a railroad line from St. Paul, Minnesota, to tbe city of Superior, and owning and operating docks and warehouses in the city of Superior for the discharge and storage of freight, as well as the transfer of through freight from its cars to lake carriers, and vice versa,. On April 20, 1899, it entered into a written contract with the defendant Promberger, by which Prom-berger agreed to take charge of and operate its docks and warehouses at Superior and…

1Opinion of the Court

The following opinion was filed January 9, 1906:

WiNsnow, J.

While the contention was made by the appellants that the freight-handling contract in question was merely simulated, or, if not simulated, that its legal effect was to make Promberger merely an employee of the plaintiff, and not an independent contractor, we regard these contentions as being so manifestly untenable that we are not required to discuss them at length, and will simply content ourselves with stating that they are overruled.

The leading questions in the case are whether the contract created the required mutuality of…

2Cases cited11 opinions

  1. Hoffman v. MaffioliWisconsin Supreme Court · 1899
  2. Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
  3. City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
  4. W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904
  5. McCall Co. v. IcksWisconsin Supreme Court · 1900

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

3Cited by12 opinions

  1. J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
  2. Ash v. Chas F. Noble Oil & Gas Co.Supreme Court of Oklahoma · 1923
  3. Charles D. Bender v. Hearst CorporationCourt of Appeals for the Second Circuit · 1959
  4. Hopkins v. Racine Malleable & Wrought Iron Co.Wisconsin Supreme Court · 1909
  5. Coppins v. Town of JeffersonWisconsin Supreme Court · 1906

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

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