Ruck v. Milwaukee Brewery Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county-: W. J. TueNee, Circuit Judge. Tbe plaintiff, sixteen years and nearly five-months of age, on July 3, 1907, while employed in the bottling department of the brewery of the defendant, received an injury by being struck in the eye by a piece of glass from an exploding bottle. The injury resulted in the loss of the eye.
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Appeal from a judgment of tbe circuit court for Milwaukee county-: W. J. TueNee, Circuit Judge. Tbe plaintiff, sixteen years and nearly five-months of age, on July 3, 1907, while employed in the bottling department of the brewery of the defendant, received an injury by being struck in the eye by a piece of glass from an exploding bottle. The injury resulted in the loss of the eye. A statement of the findings of the jury upon this trial, in addition to the statement of facts contained in the report of the case on a former appeal (144 Wis. 404, 129 N. W. 414), is all that' is necessary to fully…
1DissentMarshall, J.
Duty, it seems, calls me to
dissent as to the damages. I would not do so on any unsubstantial ground or where, to my view, the matter was doubtful. With due respect, I trust, for the opinions of others, here the error seems clear; the approved recovery to violate precedent, violate the logic of legal damages in such cases, violate legislative policy in general, and be detrimental to public welfare.
My judgment is not better than that of any of my brethren, but no judge can be truly loyal to duty without standing by firm convictions created by careful reflection and consideration.
In view of my…
2Cases cited26 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Bane v. IrwinSupreme Court of Missouri · 1903
- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
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