Callahan v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Lang-lade county: T. W. HogaN, Judge. Tbis was an action to recover damages for personal injury. Tbe plaintiff was a locomotive engineer and was injured in a collision at Aniwa station on tbe defendant’s line in February, 1913. Plaintiff was taking bis engine, number 980, from Wausau to Antigo, and was running light.
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Appeal from a judgment of tbe municipal court of Lang-lade county: T. W. HogaN, Judge. Tbis was an action to recover damages for personal injury. Tbe plaintiff was a locomotive engineer and was injured in a collision at Aniwa station on tbe defendant’s line in February, 1913. Plaintiff was taking bis engine, number 980, from Wausau to Antigo, and was running light. On reaching Aniwa a freight train was overtaken, and it was decided to allow tbe plaintiff’s engine to run ahead of tbe freight train, which was also destined for Antigo. Tbe plaintiff backed bis engine onto a sidetrack, and tbe…
1Opinion of the Court
The following opinion was filed June 1, 1915:
Barnes, J.
The issues involving the real merits of this case were those usually met in the ordinary personal injury action. The difficulties arise largely out of alleged defects in pleading and the charge of the court.
There was no allegation in the complaint that the plaintiff was engaged in interstate commerce at the time he was injured or that his cause of action was controlled by the federal act of 1908, 35 U. S. Stats, at Large, 65, ch. 149. The answer set forth that the plaintiff was engaged in interstate commerce at the time of his injury. The…
Also in this document: Dissent.
2Cases cited26 opinions
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- O'Neill v. Thomas Day Co.California Supreme Court · 1907
- Bergman v. HendricksonWisconsin Supreme Court · 1900
21 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Redepenning v. DoreWisconsin Supreme Court · 1972
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
- Lammars v. Chicago Great Western RailroadSupreme Court of Iowa · 1919
- Southern Ry. Co. v. SmithSupreme Court of Alabama · 1931