Hagenah v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Joi-in K. Paeish, Judge. This action was brought to recover for personal injuries. At the time of injury the plaintiff, a street laborer, was working for the Wisconsin Telephone Company placing gravel between cedar blocks in the street, and while thus employed was run into by one of defendant’s cars. The issues involved were negligence of defendant and contributory negligence of plaintiff.
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Appeal from a judgment of the circuit court for Milwaukee county: Joi-in K. Paeish, Judge. This action was brought to recover for personal injuries. At the time of injury the plaintiff, a street laborer, was working for the Wisconsin Telephone Company placing gravel between cedar blocks in the street, and while thus employed was run into by one of defendant’s cars. The issues involved were negligence of defendant and contributory negligence of plaintiff. The court below nonsuited plaintiff, and judgment was entered in favor of defendant dismissing the complaint, from which judgment this…
1Opinion of the Court
The following opinion was filed June 17, 1908:
Pee Cueiam.
Justice Timlin having been of counsel in this case and not sitting, the court, after a careful consideration of the questions involved, is equally divided; three justices favoring affirmance and three reversal. This situation, under the established rule, necessitates affirmance of the judgment below. Jacobs v. Queen Ins. Co. 123 Wis. 608, 101 N. W. 1090; Swenson v. Flint, 123 Wis. 613, 101 N. W. 1135; Francisco v. Hatch, 124 Wis. 220, 101 N. W. 1135; Cook v. M., St. P. & S. S. M. R. Co. 125 Wis. 528, 103 N. W. 1097.
By the Court. — The…
2Cases cited4 opinions
- Jacobs v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1905
- Swenson v. FlintWisconsin Supreme Court · 1905
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1905
- Francisco v. HatchWisconsin Supreme Court · 1905
3Cited by10 opinions
- Village of Brown Deer v. City of MilwaukeeWisconsin Supreme Court · 1962
- State v. CarterWisconsin Supreme Court · 1918
- Application of Gruhl Sash & Door Co.Wisconsin Supreme Court · 1921
- Griffin v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1922
- Kroner v. Order of United Commercial Travelers of AmericaWisconsin Supreme Court · 1922
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