Badger v. Janesville Cotton Mills
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. This is an action for damages alleged to have been caused by actionable negligence on the part of the defendant, in that it failed to furnish plaintiff, one of its employees, suitable appliances with which to do his work.
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Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. This is an action for damages alleged to have been caused by actionable negligence on the part of the defendant, in that it failed to furnish plaintiff, one of its employees, suitable appliances with which to do his work. The allegations of the complaint are to the effect that plaintiff, on the 12th day of November, 1894, was in the employ of the defendant in a cotton mill operated by such defendant in the city of Janesville, Wisconsin; that his duty was to repair and' keep in order, among other…
1Opinion of the CourtMaRshall, J.
Notwithstanding the nonsuit was granted at the close of defendant’s evidence instead of when the motion was made, at the close of plaintiff’s evidence, the rulo still applies that it was justifiable only on the ground that the latter evidence, under the most favorable construction it would reasonably bear, including all reasonable inferences therefrom, would support a verdict in plaintiff’s favor. Hence the initial question is, Looking only to plaintiff’s evidence in the most favorable light, would it support a verdict, in his favor? And that turns mainly on whether there was any evidence to…
2Cases cited2 opinions
- Thompson v. Pioneer-Press Co.Supreme Court of Minnesota · 1887
- Payne v. C., R. I. & P. R.Supreme Court of Iowa · 1874
3Cited by31 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Groth v. ThomannWisconsin Supreme Court · 1901
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