Gores v. Graff
Wisconsin Supreme Court
APPEAL from the Circuit Court for A’em Claire County. The defendant is a physician and surgeon, and was employed to treat a wound received by the plaintiff’s intestate, Hakon Oleson, who afterwards died from the effects thereof. This action was brought under sec. é255, R. S., to recover damages for the death of Oleson, alleged to have been caused by the unskilful and negligent treatment of the wound by the defendant.
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APPEAL from the Circuit Court for A’em Claire County. The defendant is a physician and surgeon, and was employed to treat a wound received by the plaintiff’s intestate, Hakon Oleson, who afterwards died from the effects thereof. This action was brought under sec. é255, R. S., to recover damages for the death of Oleson, alleged to have been caused by the unskilful and negligent treatment of the wound by the defendant. On March 12, 188Y, the plaintiff’s intestate was engaged with another in splitting a log, when the axe of his fellow-workman flew off the handle, and the edge of the axe struck…
1Opinion of the CourtLvon, J.
We have reached the conclusion that the judgment in this case must be reversed for material errors in the instructions given by the learned circuit judge to the jury. But, before proceeding to the consideration of such *177instructions, it seems necessary to make a few general observations upon tbe testimony in the case bearing upon them.
We do not say that the testimony is insufficient to support the judgment, but should say that, after a most careful consideration thereof, we are impressed with the thought, or at least the fear, that too much of mere conjecture has entered into the verdict.…
2Cases cited3 opinions
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Kreuziger v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Dunbar v. McGillMichigan Supreme Court · 1887
3Cited by24 opinions
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
- Beem v. Industrial CommissionWisconsin Supreme Court · 1943
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