Richter v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county; Walter Sci-iinz, Circuit Judge. The deceased, Kasper Wulz, was employed by defendant as a car repairer at Corliss, Wisconsin. On the morning of July 24, 1917, he was sent to Truesdell, Wisconsin, to repair two cars which had come from some place in Illinois. He carried with him a crowbar, two jacks, and a pail containing brasses used as bearings in journal boxes.
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Appeal from a judgment of the circuit court for Milwaukee county; Walter Sci-iinz, Circuit Judge. The deceased, Kasper Wulz, was employed by defendant as a car repairer at Corliss, Wisconsin. On the morning of July 24, 1917, he was sent to Truesdell, Wisconsin, to repair two cars which had come from some place in Illinois. He carried with him a crowbar, two jacks, and a pail containing brasses used as bearings in journal boxes. Having finished repairing the cars, he collected his tools and walked southward from the platform of the station toward a freight train which was slowly approaching…
1Opinion of the CourtJones, J.
It was alleged in the complaint that both Wulz and the defendant were engaged in interstate commerce. But it is now claimed by plaintiff’s counsel that the federal act does not apply. The cars on which Wulz worked were engaged in interstate commerce. Although deceased had finished repairing the cars, it was early in the day, and he was on his return to report to the foreman when the accident occurred.
We are convinced that the trial court was right in holding that Wulz was engaged in interstate commerce at the time of the accident. In the trial court plaintiff relied on Ill. Cent. R. Co. v.…
2Cases cited14 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Erie Railroad v. WelshSupreme Court of the United States · 1917
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3Cited by3 opinions
- Rupert v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1930
- Glover v. Union Pac. R.District Court, D. Idaho · 1937
- Pennsylvania Railroad v. ReeleyCourt of Appeals of Maryland · 1940