Imhoff v. Chicago & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. A judgment herein having been reversed on a former appeal (20 Wis., 344), and the cause remitted for a new trial, the complaint was.amended so as to aver negligence in the defendant in not keeping properly lighted its car (in which plaintiff as a passenger for hire had arrived at the terminus of the road in Milwaukee about midnight), and in not giving plaintiff notice of its intention to remove the train from the depot,…
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APPEAL from the County Court for Milwaukee County. A judgment herein having been reversed on a former appeal (20 Wis., 344), and the cause remitted for a new trial, the complaint was.amended so as to aver negligence in the defendant in not keeping properly lighted its car (in which plaintiff as a passenger for hire had arrived at the terminus of the road in Milwaukee about midnight), and in not giving plaintiff notice of its intention to remove the train from the depot, although it had notice that she was still on board said car, and in' not giving her a reasonable time to depart from the car…
1Opinion
On a motion for a rehearing, respondent’s counsel argued that tbe court bad overruled, by tbe above decision, that made on tbe former appeal, and which must be regarded as tbe law of tbe case; that both tbe cburt below and this court then held tbe suit to be against defendant as a common carrier ; that if tbe amendment of the complaint changed tbe action in that respect, it was a change from an action on contract to one for a tort, and tbe amendment was improperly allowed. Sweet v. Mitchell, 19 Wis., 524. They also argued: 1. That tbe jury, and of course tbe court, is bound, as a matter of…
2Cases cited9 opinions
- Chicago, Burlington & Quincy Railroad v. HazzardIllinois Supreme Court · 1861
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
- Chamberlain v. Mil. & Miss. R. R.Wisconsin Supreme Court · 1860
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