HUCK v. CHICAGO, ST. P., M. & O. R. CO.


16 Wis.2d 466 (1962)

HUCK, Plaintiff and Respondent, v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, Defendant and Respondent: DOUGHBOY INDUSTRIES, INC., Interpleaded Defendant and Respondent: CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Interpleaded Defendant and Appellant: MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY, Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

May 1, 1962.


Attorney(s) appearing for the Case

For the appellant Chicago, Rock Island & Pacific Railroad Company there were briefs by Bender, Trump, Davidson & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

For the appellant Minneapolis, St. Paul & Sault Ste. Marie Railway Company there were briefs by Reginald W. Nelson of Milwaukee, attorney, and Edward M. Glennon of Minneapolis, Minnesota, of counsel, and oral argument by Mr. Nelson.

For the respondents there was a brief by Wilcox & Sullivan of Eau Claire, and Warren Newcome of St. Paul, Minnesota, for the Chicago, St. Paul, Minneapolis & Omaha Railway Company, and by Stafford & Pfiffner of Chippewa Falls, for Doughboy Industries, Inc., and oral argument by Francis J. Wilcox and Robert F. Pfiffner.


CURRIE, J.

While other questions are raised by the briefs of appellants Rock Island and Soo Line, we deem the controlling issue on this appeal to be whether there is any credible evidence to support the jury's findings that appellants were negligent as to their inspection of the hand brake on the Southern car.

Two of the other questions which we find it unnecessary to resolve are: Whether Soo Line or Omaha was the...

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