Chamberlain v. Mil. & Miss. R. R.
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The facts in this case are sufficiently stated in 7 Wis. Rep,, 425, when it was before this court on an appeal, and a new trial was ordered. The exceptions and points now made depend entirely upon the charge of the circuit judge given to the jury on the trial.
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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The facts in this case are sufficiently stated in 7 Wis. Rep,, 425, when it was before this court on an appeal, and a new trial was ordered. The exceptions and points now made depend entirely upon the charge of the circuit judge given to the jury on the trial. He first instructed the jury as follows: “ This is an action to be tried as any other action; the plaintiff seeks to recover for an alleged injury which he has sustained on the cars of the defendants. The plaintiff claims that he was at the time in the employ of James Holton & Co., as express…
1Opinion of the Court
*247 By the Court,
Paine, J.
Assuming the appellant to have been a passenger upon the cars at the time of the injury complained of, we think the refusal of the court below to give the 4th instruction asked by his counsel, which was, that if the plaintiff was “ in an improper place for a passenger, yet, if he was there at the request of the company, the company was not thereby relieved' from liability ” &c., together with the remarks of the court in connection with such refusal, was calculated to mislead the jury. Perhaps the instruction as an abstract proposition, was not entirely accurate. Because…
2Cases cited1 opinion
- Chamberlain v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
3Cited by15 opinions
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Ohio & Mississippi Railroad v. HammersleyIndiana Supreme Court · 1867
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Moseley v. ChamberlainWisconsin Supreme Court · 1864
- Davis v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1906
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