Hupfer v. National Distilling Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: James O’Hbill, Judge. This action is between the same parties and arises out of the same facts as did that reported in 114 Wis. 279, 90 1ST. W. 191; this, however, being brought under sec. 4255, Stats. 1898, to recover for the benefit of the widow and children of the deceased, Simon Hupfer.
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Appeal from a judgment of the superior court of Milwaukee county: James O’Hbill, Judge. This action is between the same parties and arises out of the same facts as did that reported in 114 Wis. 279, 90 1ST. W. 191; this, however, being brought under sec. 4255, Stats. 1898, to recover for the benefit of the widow and children of the deceased, Simon Hupfer. The plaintiff offered evidence of a custom on the part'of the defendant to sell distillery slops to the public generally from a large slop vat about sixteen feet in diameter, constructed of pine staves about three and one half inches thick,…
1Opinion of the CourtDodge, J.
I. Error is assigned upon the nonsuiting the plaintiff at the close of his testimony. The rule is, of course, familiar that such an order can be proper only when the *420plaintiff’s evidence, giving it the most favorable inferences reasonably possible in bis favor, does not tend to establish bis canse of action. Lewis v. Prien, 98 Wis. 87, 73 N. W. 654; Beyer v. St. Paul F. & M. Ins. Co. 112 Wis. 138, 141, 88 N. W. 57; Morton v. Smiley, ante, p. 156, 96 N. W. 534. While the rnle of law is the same, the practical restrictions npon the conrt are even greater in the face of a motion for nonsuit than…
2Cases cited42 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Emery v. StateWisconsin Supreme Court · 1899
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
37 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Johnson v. StateWisconsin Supreme Court · 1906
- Callahan v. Chicago, Burlington & Quincy R.Montana Supreme Court · 1913
- Lund v. City of SeattleWashington Supreme Court · 1931
- Schwantes v. StateWisconsin Supreme Court · 1906
- Andrzejewski v. Northwestern Fuel Co.Wisconsin Supreme Court · 1914
24 more not listed; retrieve them via the Exa API.