87 Wis. 63 | Wis. | 1894
The point most pressed on the argument was the defendant’s contention that the evidence is not sufficient to sustain the finding that the plaintiff was in its employ at the time of his accident. The testimony bearing on that question was in some respects conflicting and contradictory. The plaintiff himself testified, in substance, that he had a desire to go railroading, as a passenger brakeman ; that he had been to Milwaukee twice to see a Mr. Atkins — who was the defendant’s train dispatcher, and who, as he had been informed by Mr. Soule, who was the defendant’s station agent at Milton Junction, was the person who hired men for such service — upon the subject of being
There was also testimony tending to prove that Mr. Soule, as the station agent, had authority to employ a helper whenever any of the usual force of employees about the station was absent.- There was testimony on the part of the defendant to the contrary; and Mr. Soule denied, fully, that he had employed the defendant or requested his assistance.
It seems clear that this was a question for the jury, upon all the evidence. The jury were at liberty to believe the testimony of the plaintiff, if it convinced tbeir minds. If the jury believed the plaintiff’s testimony, they were justified in finding that he was in the employment of the defendant. This is fully settled by the case of Johnson v. Ashland Water Co. 71 Wis: 553, and the cases there cited. The evidence sustains the finding.
The questions of the negligence of the defendant and of the contributory negligence of the plaintiff seem to have been submitted fairly to the jury. The testimony relating to these questions did not leave it so free from doubt, nor the proper inference to be drawn from it so plain, as to warrant the court to direct a verdict for the defendant. The evidence is sufficient to sustain the verdict on both questions.
The admission in evidence of plaintiff’s alleged conversa
By the Court.— The judgment of the circuit court is affirmed.