McDermott v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClemeNtsost, Circuit Judge. Personal injuries. The testimony is not preserved by a bill of exceptions. At the close of the testimony the following statement of facts was made by the circuit judge to the jury. “ In the year 1830, Bracken, Irvine, and Ansley, proprietors of the land, platted Irvine’s addition to tbe then village of Mineral Point.
Read the full summary
Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClemeNtsost, Circuit Judge. Personal injuries. The testimony is not preserved by a bill of exceptions. At the close of the testimony the following statement of facts was made by the circuit judge to the jury. “ In the year 1830, Bracken, Irvine, and Ansley, proprietors of the land, platted Irvine’s addition to tbe then village of Mineral Point. One of the streets upon said plat was Commerce street, which, ran north and south, and apparently was sixty-six (66) feet in width. “ In the year 1853, the trustees of the village…
1Opinion of the CourtWiNslow, J.
Tbe practice in this- case is peculiar. At tbe close of the evidence tbe circuit judge prepared a special verdict. This so-called special verdict consisted of a long statement or recitation of facts (being tbe statement set forth .at length in tbe statement of tbe case), all of which he states are established by uncontradicted testimony, followed by five questions for the jury to answer. Tbe jury having answered the questions, motions were made by both parties for judgment upon the special verdict. The motion of the plaintiff was granted, and that of the defendant denied, and judgtnent was…
2Cases cited1 opinion
- Hart v. West Side RailroadWisconsin Supreme Court · 1893
3Cited by4 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Davis v. DavisWisconsin Supreme Court · 1951
- Hughes v. StateWisconsin Supreme Court · 1901
- Parke, Austin & Lipscomb, Inc. v. SexauerWisconsin Supreme Court · 1931