Legal Opinion

Waterman v. Chicago & Alton Railroad

Wisconsin Supreme Court

Decided September 27, 1892PublishedCited by 23 opinions

APPEAL from tbe Circuit Court for Walworth Cbunty. This action was brought by the plaintifE to recover for personal injuries alleged to have been sustained by him while a passenger on a stock train of the Chicago, Milwaukee & St. Paul Eailway, from Milton in Wisconsin to the stock yards in Chicago, and in consequence of a collision with a freight train of the defendant company, alleged to have been caused by and through its negligence.

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APPEAL from tbe Circuit Court for Walworth Cbunty. This action was brought by the plaintifE to recover for personal injuries alleged to have been sustained by him while a passenger on a stock train of the Chicago, Milwaukee & St. Paul Eailway, from Milton in Wisconsin to the stock yards in Chicago, and in consequence of a collision with a freight train of the defendant company, alleged to have been caused by and through its negligence. The plaintiff, on the morning of December 29, 1882, was riding as such passenger in the front car of said stock train, having in charge two car-loads of live…

1Opinion of the Court

The following opinion was filed May 3, 1892:

PiNNEY, J.

1. The assignment of error, that the verdict is contrary to the evidence,' cannot be maintained. Upon the questions of fact involved in the issue the testimony is so clear on some of the points in favor of the plaintiff, and so conflicting on others, that this court cannot interfere with the verdict. There is sufficient evidence to sustain it.

2. It is not material to inquire whether there is sufficient evidence to sustain the verdict, independent of the depositions of Martin Murphy and Thomas Mann, had they been *624rejected, for we are of tbe…

2Cases cited18 opinions

  1. Hopt v. UtahSupreme Court of the United States · 1887
  2. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  3. Brown v. SwinefordWisconsin Supreme Court · 1878
  4. Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
  5. People v. MillardMichigan Supreme Court · 1884

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
  2. Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
  3. Lewandowski v. Preferred Risk Mutual InsuranceWisconsin Supreme Court · 1966
  4. Bergeron v. PeytonWisconsin Supreme Court · 1900
  5. Donovan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896

18 more not listed; retrieve them via the Exa API.

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