Kelly v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEALS from, the Circuit Court for Fond du Lao County. Action by Anna J. Kelly to recover damages for personal injuries received by her, alleged to have been caused by the negligence of the employees of the defendant company. In August, 1882, the plaintiff went upon a train of the defendant company at Fond du Lac, as a passenger, intending to leave the train at Yan Dyne station, north of that city on defendant’s railway.
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APPEALS from, the Circuit Court for Fond du Lao County. Action by Anna J. Kelly to recover damages for personal injuries received by her, alleged to have been caused by the negligence of the employees of the defendant company. In August, 1882, the plaintiff went upon a train of the defendant company at Fond du Lac, as a passenger, intending to leave the train at Yan Dyne station, north of that city on defendant’s railway. The testimony tends to prove that as the train approached Yan Dyne she left her seat and went on the platform of the car in which she had been riding, preparatory to leaving…
1Opinion of the CourtLyoN, J.
1. It was competent for the defendant to appeal from the order of November 30, 1885, before the same was corrected. It did so appeal, and it has the right to have its appeal determined as the order then was, without regard to the subsequent correction thereof. It was so held *338under very similar circumstances in State ex rel. Taylor v. Sup’rs of Delafield, 69 Wis. 264 . The question to be determined on the appeal from that order is, therefore, Are the sixth and seventh findings of fact inconsistent with each other? That they are inconsistent, or, if not so, that they acquit the plaintiff of…
2Cases cited2 opinions
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- State ex rel. Taylor v. Town Board of SupervisorsWisconsin Supreme Court · 1887
3Cited by8 opinions
- State ex rel. Zabel v. Municipal Court of Milwaukee CountyWisconsin Supreme Court · 1923
- Hoffman v. StateWisconsin Supreme Court · 1894
- State Ex Rel. Freeman Printing Co. v. LuebkeWisconsin Supreme Court · 1967
- German Mutual Farmer Fire Insurance v. DeckerWisconsin Supreme Court · 1889
- Milwaukee Electric Crane Manufacturing Corp. v. Feil Manufacturing Co.Wisconsin Supreme Court · 1930
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