Legal Opinion

Delvaux v. Kewaunee, Green Bay & Western Railway Co.

Wisconsin Supreme Court

Decided July 8, 1918PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Brown county: W. B. Quinlan, Judge. The appeal is from a judgment changing the answers of a special verdict and granting judgment for defendant.

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Appeal from a judgment of the circuit court for Brown county: W. B. Quinlan, Judge. The appeal is from a judgment changing the answers of a special verdict and granting judgment for defendant. This action is brought by the plaintiff to recover for his expenses and the loss of services arising from an injury to his son Ernest in being run over by a freight car of defendant on its tracks in the city of Green Bay, Wisconsin, May 5, 1914. Another action was started on behalf of the son to recover for his injury arising from the same accident and was tried in November, 1914, before the Hon. Heney…

1Opinion of the Court

*588The following opinion was filed April 30, 1918:

Eschweileb, J.

The plaintiff contends that under the evidence in this case the following are the facts:

That Ernest, the injured hoy, then about nine years and three months old, with his brother George, about a year and seven months older, and a boy, Lawrence Van Husen, about nine years old, were playing near a stone pile alongside defendant’s tracks throwing stones into a marsh on the other side, of the track as a freight train from the west came by them; that a member of the train crew came from the forward end of the train, passed by them as…

2Cases cited2 opinions

  1. McKneely v. Brotherhood of American YeomenWisconsin Supreme Court · 1915
  2. Kuchler v. City of MilwaukeeWisconsin Supreme Court · 1917

3Cited by6 opinions

  1. Weiss v. United Fire & Casualty Co.Wisconsin Supreme Court · 1995
  2. Giese v. Montgomery Ward, Inc.Wisconsin Supreme Court · 1983
  3. Leatherman v. GarzaWisconsin Supreme Court · 1968
  4. Lehan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
  5. Smith v. Flash City Transit Co.Wisconsin Supreme Court · 1975

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