Smith v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Eaciue 0ounty: E. B. BeldeN, Circuit Judge. Action to recover for injuries received by plaintiff by tbe derailment of one of defendant’s cars while she was a passenger thereon.
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Appeal from an. order of the circuit court for Eaciue 0ounty: E. B. BeldeN, Circuit Judge. Action to recover for injuries received by plaintiff by tbe derailment of one of defendant’s cars while she was a passenger thereon. The negligence- complained of was running the car at a speed of eighteen to twenty miles an hour contrary to the ordinance of the city regulating the movement of cars, where the track was in a defective condition in that foreign material had been allowed by defendant to accumulate thereon and on the right of way. It was alleged that, “The careless and negligent manner in…
1Opinion of the CourtMaeshalK, J.
The first proposition of appellant’s counsel is stated by them thus:
“The nonsuit was not erroneous, the plaintiff having alleged specific negligence as the cause of the accident, was bound to show such negligence, and that the accident was caused thereby. This she failed to do.”
From the argument of this branch of the case we gather the idea that counsel supposed that to warrant the jury in finding that the negligence complained of caused the derailment of *339tbe car they must have some direct evidence on tbe subject; that otherwise they would be left to conjecture merely. There is probably no…
2Cases cited2 opinions
- Brown v. BrownWisconsin Supreme Court · 1881
- Hansen v. FishWisconsin Supreme Court · 1871
3Cited by4 opinions
- Weber v. WeberWisconsin Supreme Court · 1913
- Carr v. DavisSupreme Court of Minnesota · 1924
- Frost v. MeyerWisconsin Supreme Court · 1908
- Sawicki v. WulffWisconsin Supreme Court · 1919