Flanagan v. the Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Separate appeals from two orders made after verdict for the plaintiff, viz: an order granting a new trial on defendant’s motion, and an order denying plaintiff’s motion for judgment pursuant to the verdict.
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APPEAL from the Circuit Court for Outagamie County. Separate appeals from two orders made after verdict for the plaintiff, viz: an order granting a new trial on defendant’s motion, and an order denying plaintiff’s motion for judgment pursuant to the verdict. The action was to recover damages for injuries received by plaintiff when in defendant’s service, at Escanaba, in the state of Michigan, in the year 1872. It appears from the complaint and evidence, that plaintiff was employed as a brakeman in defendant’s depot yard and grounds at that place, under one' O’Brien, who is called a conductor,…
1Opinion of the CourtLyok, J.
The learned counsel on both sides have indulged in a wide range of argument, and have discussed questions which can properly be determined only on an appeal from a final judgment. On such an appeal we may review any intermediate order involving the merits and necessarily affecting the judgment (Laws of 1860, ch. 261, sec. 6), and hence may review an order overruling a demurrer to the complaint. Armstrong v. Gibson, 31 Wis., 61; Tronson v. Union Lumbering Co., 38 id., 202. But on an appeal from an order, the statute does not confer upon this court the power to review another order in the…
2Cases cited1 opinion
- Armstrong v. GibsonWisconsin Supreme Court · 1872
3Cited by17 opinions
- Atchison Topeka & Santa Fé Railroad v. PlunkettSupreme Court of Kansas · 1881
- Union Stock-Yards Co. v. GoodwinNebraska Supreme Court · 1898
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Chesapeake & O. R. v. HennesseyCourt of Appeals for the Sixth Circuit · 1899
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