Hiller v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: OiiREN T. Williams, Circuit Judge. Action to recover damages for personal injuries sustained May 10, 1914, while attempting to board one of defendants’ cars at the intersection of Fifth and Clybourn streets in the city of Milwaukee.
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: OiiREN T. Williams, Circuit Judge. Action to recover damages for personal injuries sustained May 10, 1914, while attempting to board one of defendants’ cars at the intersection of Fifth and Clybourn streets in the city of Milwaukee. Plaintiff claims that the car stopped at the usual stopping place; that one or more persons boarded it before he attempted to do so; that the car was standing still and the door was open when he attempted to get on. He says he took hold of both handles, put his left foot on the step of tbe car, and…
1Opinion of the Court
The following opinion was filed November 16, 1915:
ViNJE, J.
It is claimed that the instruction under the fifth question to the effect that the'care imposed upon defendants towards passengers about to board a car was the utmost *22■or highest degree of care that the ordinarily prudent man would exercise under similar circumstances, consistent with such mode of transportation, was erroneous because it assumed that plaintiff was a passenger. Question number 5 read: “If you answer question 4 {Yes,’ then you may answer ■question 5. Was the defendant guilty of a want of ordinary ■care in so starting…
2Cases cited5 opinions
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
- Koehne v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Koehne v. . New York and Queens County Railway CompanyNew York Court of Appeals · 1900
- Rogers v. HollisterWisconsin Supreme Court · 1914
3Cited by6 opinions
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- White v. WhiteWisconsin Supreme Court · 1918
- State v. GrengsWisconsin Supreme Court · 1948
- Means v. MeansCalifornia Court of Appeal · 1940
- Pargeter v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1953
1 more not listed; retrieve them via the Exa API.