Schultz v. La Crosse City Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Eruit, Circuit Judge. This action was commenced November 14, 1905, to recover damages for personal injury alleged to have been sustained by the plaintiff being kicked from the defendant’s car May 18, 1905, by one of the servants of the defendant while acting within the scope of his employment. The answer was a general denial.
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Appeal from a judgment of the circuit court for La Crosse county: J. J. Eruit, Circuit Judge. This action was commenced November 14, 1905, to recover damages for personal injury alleged to have been sustained by the plaintiff being kicked from the defendant’s car May 18, 1905, by one of the servants of the defendant while acting within the scope of his employment. The answer was a general denial. At the close of the trial the jury returned a general verdict wherein they found for the plaintiff and assessed his damages at $3,266.66. Judgment was thereupon entered in favor of the plaintiff and…
1Opinion of the Court
Oassoday, O. J.
1. We find no reversible error in admitting or rejecting testimony nor in charging or refusing to charge tbe jury. In fact there is no serious claim tbat tbe judgment should be reversed on any such ground. Tbe principal contention of tbe defendant is tbat tbe judgment should be reversed because upon tbe whole evidence, and particularly upon tbe lack of proof tbat tbe man charged with inflicting tbe injury was at tbe time a servant of tbe defendant 'acting within tbe scope of bis employment, and tbe overwhelming presumption from admitted facts, tbe assault upon tbe plaintiff, if…
2Cases cited4 opinions
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Bading v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Adams v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
3Cited by7 opinions
- Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912
- Seidl v. KnopWisconsin Supreme Court · 1921
- Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920
- Sheboygan Airways, Inc. v. Industrial CommissionWisconsin Supreme Court · 1932
- Daley v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
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