Shultz v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Gmwford County. Action to recover damages for personal injuries. By direction of tbe court, on tbe trial, tbe jury returned answers to several specific questions of fact. Tbe pleadings, evidence and special verdict disclose tbe following facts : Tbe plaintiff was employed by tbe defendant company to wort on a pile-driver. He was one of a number of men so employed, all of wbom were under tbe direction of a foreman selected by tbe company.
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APPEAL from tbe Circuit Court for Gmwford County. Action to recover damages for personal injuries. By direction of tbe court, on tbe trial, tbe jury returned answers to several specific questions of fact. Tbe pleadings, evidence and special verdict disclose tbe following facts : Tbe plaintiff was employed by tbe defendant company to wort on a pile-driver. He was one of a number of men so employed, all of wbom were under tbe direction of a foreman selected by tbe company. It was tbe duty of tbe foreman to see that tbe driver was kept in a proper and safe condition for use. In 1813, one John…
1Opinion of the CourtLyon, J.
The case of the plaintiff necessarily depends upon the existence of the fact that he was in the service of the defendant company when he received the injuries of which he complains. TJnless he then sustained that relation to the defendant, the latter is not liable in this action. The learned circuit judge held, upon the evidence, that the plaintiff was in the service of the defendant, when injured, and that if he has *592a cause of actiou to recover damages for bis injuries, it is against tbe defendant, and not against Mr. Lawler. If there is any testimony in tbe case tending to show that tbe…
2Cases cited1 opinion
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
3Cited by3 opinions
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Johnson v. Berwind Fuel Co.Wisconsin Supreme Court · 1913