Milwaukee & Chicago R. R. v. Hunter
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, RACINE COUNTY. This was an action commenced by Orlando Hunter, the defendant in error, against the Milwaukee and Chicago Railroad Company, to recover damages for personal damages, suffered in consequence of the locomotive and cars of the company running against him, and throwing him from his wagon, to the distance of some SO feet, through a board fence, and breaking his leg, and for other damages.
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ERROR TO CIRCUIT COURT, RACINE COUNTY. This was an action commenced by Orlando Hunter, the defendant in error, against the Milwaukee and Chicago Railroad Company, to recover damages for personal damages, suffered in consequence of the locomotive and cars of the company running against him, and throwing him from his wagon, to the distance of some SO feet, through a board fence, and breaking his leg, and for other damages. The declaration was in the usual form, charging negligence in making the proper crossing of the rail road over a public highway, and in not giving any signal of the approach…
1Opinion of the Court
By the Court,
Paine, J.
The record here shows no exception to the charge of the court below, and we shall therefore examine no questions' made as to its correctness. Some question was made as to whether the record here was not mistaken upon that point, but it is conceded that if so, there was only a general exception. But we do not think that would vary it, as it is well settled that a general exception is not sufficient to reverse a judgment for an erroneous charge, unless it is entirely erroneous, which certainly was not the case here.
The principal question is as to the correctness of the…
2Cases cited2 opinions
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Dressler v. DavisWisconsin Supreme Court · 1859
3Cited by14 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- City of Chicago v. People ex rel. GrayIllinois Supreme Court · 1904
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