Monaghan v. Northwestern Fuel Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas, county: A. J. .Vimwe, Circuit Judge. Action to recover damages for a personal injury. Plaintiff was.employed by defendant on its coal dock. Coal was. elevated and screened at such, dock, and tbe necessary power-was furnished by electric motors. Plaintiff had been in charge of one of such motors for about eleven months before the injury.
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Appeal from a judgment of the circuit court for Douglas, county: A. J. .Vimwe, Circuit Judge. Action to recover damages for a personal injury. Plaintiff was.employed by defendant on its coal dock. Coal was. elevated and screened at such, dock, and tbe necessary power-was furnished by electric motors. Plaintiff had been in charge of one of such motors for about eleven months before the injury. The motor was stopped and started by plaintiff' on signal, and it was his duty to oil the machinery connected therewith and keep it in running order. Power was delivered from said motor through a number…
1DissentMarshall, J.
As indicated in the court’s opinion I concur with the writer thereof and Mr. Justice Dodge that the verdict is excessive. I apprehend that if we were permitted to appraise the damages as an original matter they would not reach near the jury’s figure. The idea prevails that this court should not, in any case, reverse the trial determination on such a question unless the verdict appears so out of all reason, as to indicate, clearly, that there was passion or prejudice or perversity of some sort in reaching the result.
If I were to treat the subject here according to the stated prevailing view,…
2Cases cited12 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Murray v. BuellWisconsin Supreme Court · 1889
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
- Emmons v. SheldonWisconsin Supreme Court · 1870
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