Kruse v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook County. Plaintiff was head brakeman upon a freight train, in the employ of defendant, on and prior to January 16, 1891, on which day, about 1 o’clock a. M., he was attempting to make a coupling between two freight cars in the yards of defendant at Janesville, and had his hand crushed between the draught irons of the cars.
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APPEAL from the Circuit Court for Rook County. Plaintiff was head brakeman upon a freight train, in the employ of defendant, on and prior to January 16, 1891, on which day, about 1 o’clock a. M., he was attempting to make a coupling between two freight cars in the yards of defendant at Janesville, and had his hand crushed between the draught irons of the cars. The engine, with one car attached, was backing towards the car to be coupled, in response to signals given by plaintiff with his lantern, and two unsuccessful attempts had been made to make the coupling before the accident, resulting…
1Opinion of the CourtWinslow, J.
The long-established rule of this court is that a verdict for defendant should only be directed when the plaintiff’s evidence, under the most favorable construction it will reasonably bear, including all reasonable inferences from it, is insufficient to justify a verdict in his favor. Radmann v. C., M. & St. P. R. Co. 78 Wis. 22. The plaintiff claims that under this rule his evidence was sufficient to require submission to the jury of at least two cpestions, viz.: First, whether defendant was not guilty of *570negligence in furnishing a car of defective and unsafe construction without notice or…
2Cases cited1 opinion
- Radmann v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
3Cited by4 opinions
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- McDougall v. Ashland Sulphite-Fibre Co.Wisconsin Supreme Court · 1897
- O'Brien v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Harden v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899