Phillips v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Oassoday: “ By agreement tlie trains of tbe Wisconsin Central Bail-road Company lia'd the privilege of running upon and over the defendant’s line of road between Milwaukee and Schwartzburg, a distance of about nine miles.
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Oassoday: “ By agreement tlie trains of tbe Wisconsin Central Bail-road Company lia'd the privilege of running upon and over the defendant’s line of road between Milwaukee and Schwartzburg, a distance of about nine miles. Such trains were to run “ on such times, running orders, and regulations as might from time to time be fixed and prescribed ” by the general manager of the defendant, and be under the exclusive jurisdiction and control of the defendant. West Milwaukee station is on that line, and two…
1Opinion of the CourtCassoday, J.
The action could only be brought by and in the name of the personal representative of the deceased. Sec. 4256, E. S. The answer denied the appointment of the plaintiff as administrator. There was no error in admitting in evidence the letters of administration issued to the plaintiff.
There was no error in allowing the plaintiff to prove the exact condition of things at Summit Side Track; that there was no depot, no depot grounds, nor any person stationed there; that there was only the main track, side track, and switches at each end. The time-table in evidence showed it to be a “ signal…
2Cases cited3 opinions
- Clark v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1879
- Pease v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- United States Express Co. v. JenkinsWisconsin Supreme Court · 1885
3Cited by24 opinions
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Chicago Terminal Transfer Railroad v. VandenbergIndiana Supreme Court · 1905
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
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