Raether v. Filer & Stowell Manufacturing Co.
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Milwaukee county: W. J. TurNer, Circuit Judge. This is an action to recover damages for the death of Edward Raether, the plaintiff’s intestate and' an employee of the defendant company, who was killed February 8, 1907, while engaged in switching in the railroad yard maintained by defendant in connection with its factory in Milwaukee.
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Appeals from orders of tbe circuit court for Milwaukee county: W. J. TurNer, Circuit Judge. This is an action to recover damages for the death of Edward Raether, the plaintiff’s intestate and' an employee of the defendant company, who was killed February 8, 1907, while engaged in switching in the railroad yard maintained by defendant in connection with its factory in Milwaukee. It was claimed that the defendant was negligent in various ways, the most important of which were negligence in employing one Schultz as superintendent of the yards and in not furnishing a safe place to work. The…
1Opinion of the Court
WiNslow, O. J.
In this case it is held:
Eirst, that part of the order granting a new trial which refuses to change the answers to the questions of the special verdict and denies defendant’s motion for judgment is not appealable, standing by itself. The statute (sec. 3069) only authorizes an appeal from an order granting a new trial, and' unless that part of the order be appealed from the statute gives this (jourt no right to review the remaining part of the order.
Second, the statute does not authorize an appeal from an order refusing to modify a previous order granting a new trial. Such a…
2Cited by5 opinions
- Rusch v. Sentinel-News Co.Wisconsin Supreme Court · 1933
- McLaughlin v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1966
- Asen v. Jos. Schlitz Brewing Co.Wisconsin Supreme Court · 1960
- McLaughlin v. CHICAGO, M., ST. P. & PR CO.Wisconsin Supreme Court · 1966
- Edwards v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1926