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RUCKTENWALD v. CHICAGO, M.,ST. P. & P. R. CO.

261 Wis. 611 (1952)

RUCKTENWALD, by Guardian ad litem, and another, Appellants, vs. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Respondent.

Supreme Court of Wisconsin.

June 3, 1952.

Attorney(s) appearing for the Case

Arlo McKinnon of Milwaukee, for the appellants.

For the respondent there was a brief by Bender, Trump, McIntyre, Trimborn & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

FRITZ, C. J.

On the trial of the action the evidence established the following facts. Shortly before noon on July 18, 1944, one of the defendant's "battleship" type hopper freight cars loaded with sand was hauled by the defendant on its track to the top of the Pipkorn Company's trestle which was twenty-five feet above the ground. The car was "spotted" there by defendant for Pipkorn to unload the sand through the car hoppers...

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