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HOTZEL v. SIMMONS

258 Wis. 234 (1951)

HOTZEL, Respondent, vs. SIMMONS and others, Appellants.

Supreme Court of Wisconsin.

January 9, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bender, Trump & McIntyre, attorneys, and Rodger S. Trump and Edgar H. Schmiel of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

N. B. Langill of Marinette, for the respondent.

MARTIN, J.

The following are the pertinent facts: On Sunday, October 26, 1947, plaintiff purchased from defendant Railroad Company at its station at Crivitz, Wisconsin, a ticket entitling him to passage to Iron Mountain, Michigan. At about 6 p.m. he boarded one of defendant's trains. Plaintiff's ticket was taken up in the smoking car of the train by conductor Schmitz, one of defendants. Plaintiff inquired of Schmitz as to the availability of food on the train and...

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