Heer v. Warren-Scharf Asphalt Paving Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie superior court of. Milwaukee county: J. C. Ludwig, Judge. Action for personal injuries suffered as the result of tke runaway of tke korse of plaintiff’s decedent, Damian ILeer, wko was tke original plaintiff, and died after judgment. He will kereinafter be referred to as plaintiff.
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Appeal from a judgment of tlie superior court of. Milwaukee county: J. C. Ludwig, Judge. Action for personal injuries suffered as the result of tke runaway of tke korse of plaintiff’s decedent, Damian ILeer, wko was tke original plaintiff, and died after judgment. He will kereinafter be referred to as plaintiff. Tke runaway is claimed to have keen caused by tke negligence of defendant’s employee in suddenly starting its steam roller into operation as tke plaintiff was driving past it. Tke evidence tended to disclose tkat Grand avenue, in Milwaukee, between Nintk and Tentk streets, is a double…
1Opinion of the CourtDodge, J.
The first assignment of error argued is upon the refusal of* the court to hold, upon one or other of defendant’s motions, that the evidence conclusively established contributory negligence in the plaintiff, and acquitted the defendant of negligence.- Much of the discussion and citation of authority is addressed to situations or conduct which possibly the evidence tended to establish, but which are negatived by the verdict of the jury upon conflicting evidence. We have no doubt that, while certain of the specific findings are controverted by the appellant, the verdict thereon is sustained by…
2Cases cited16 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Chapman v. KirbyIllinois Supreme Court · 1868
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- City of Ripon v. BittelWisconsin Supreme Court · 1872
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Singer v. MartinWashington Supreme Court · 1917
- Featherly v. Continental Insurance Co.Wisconsin Supreme Court · 1976
- Mitchell v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of Iowa · 1908
8 more not listed; retrieve them via the Exa API.