Delamatyr v. Milwaukee & Prairie du Chien Railroad
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Dane County. Action by Elias B. Delamatyr and Anna, Ms wife, for an injury received by tlie wife in descending from a train on defendant’s road, at Hanover Junction, in tMs state, and alleged to liave been caused by defendant’s negligence in not furnisliing safe and proper means for sucb descent.
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APPEAL from tlie Circuit Court for Dane County. Action by Elias B. Delamatyr and Anna, Ms wife, for an injury received by tlie wife in descending from a train on defendant’s road, at Hanover Junction, in tMs state, and alleged to liave been caused by defendant’s negligence in not furnisliing safe and proper means for sucb descent. On the trial, the plaintiffs were permitted to testify in their own behalf, against the objection that no notice of their intended examination had been served upon the defendant. The evidence for the plaintiffs tended to show that the train included only two…
1Opinion of the CourtCole, J.
There can be no doubt that the plaintiffs had a right to be examined as witnesses on their own behalf, on the trial, without giving notice to the defendant. Chapter 176, Laws of 1868, gives them that right, and repeals the statute of 1859, under which the case of Sika v. Chicago and Northwestern R. R. Co. (21 Wis. 370), was decided.
It seems to us that the question of negligence was fairly submitted to the jury, under proper instructions by the court. No exceptions were taken to the general *583charge, which is quite full, and covers all the law of the case. Neither were any exceptions taken to…
2Cases cited1 opinion
- Sika v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
3Cited by12 opinions
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Hemmingway v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Sellars v. Southern Pacific Co.California Court of Appeal · 1917
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Edgerton v. O'NeilCourt of Appeals of Kansas · 1896
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