Ewig v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. The action is to recover damages for the death of John Ewig, a locomotive engineer in the employ of the defendant company,'which occurred December 23, 1914, in the roundhouse yard of the company at Milwaukee. A verdict for the defendant was directed at the close -of the trial, and from the judgment entered thereon the plaintiff appeals.
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Appeal from a judgment of the circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. The action is to recover damages for the death of John Ewig, a locomotive engineer in the employ of the defendant company,'which occurred December 23, 1914, in the roundhouse yard of the company at Milwaukee. A verdict for the defendant was directed at the close -of the trial, and from the judgment entered thereon the plaintiff appeals. It was stipulated at the trial that if Ewig was an employee of the defendant at the time of the accident, then the action should be tried under the federal…
1Opinion of the Court
The following opinion was filed April 30, 1918:
WiNánow, O. J.
The stipulation that this case is governed by the federal liability law if, at the time of the accident, the deceased was at work as an employee of the defendant, renders it necessary to consider but four questions, viz.: (1) Was there evidence tending to show that the .deceased was in a legal sense at work as an employee of the company at the time of the accident ? (2) Was there any evidence of actionable negligence on the part of the defendant or its employees? (3) Fid the deceased, as matter of law, assume the risk? (4) Was the…
2Cases cited4 opinions
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Graber v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1915
- Kunza v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909
3Cited by9 opinions
- State v. Waste Management of Wisconsin, Inc.Wisconsin Supreme Court · 1978
- Young v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
- Kalashian v. HinesWisconsin Supreme Court · 1920
- Pennsylvania Railroad v. ReeleyCourt of Appeals of Maryland · 1940
- Buell v. HinesMichigan Supreme Court · 1922
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