Legal Opinion

Potter v. Chicago & Northwestern Railroad

Wisconsin Supreme Court

Decided February 15, 1868PublishedCited by 27 opinions

APPEAL from tbe Circuit Court for Jefferson County. Tbe case is sufficiently stated, in tbe opinion. cited Curtis v. B. S. B. B. Co., 18 N. Y., 542; Franklin v. South Eastern Bailway Co., 8 Hurl. & Norm., 212; Dalton v. The Same, 98 Eng. C. L., 296; Duckworth v. Johnson, 4 Hurl. & Norm., 653; Quin v. Moore, 15 N. Y., 434; 33 N. J. Law R.,T88; 33 Pa. St., 318; 31 id., 372; Caldwell v. Brown, Am.

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APPEAL from tbe Circuit Court for Jefferson County. Tbe case is sufficiently stated, in tbe opinion. cited Curtis v. B. S. B. B. Co., 18 N. Y., 542; Franklin v. South Eastern Bailway Co., 8 Hurl. & Norm., 212; Dalton v. The Same, 98 Eng. C. L., 296; Duckworth v. Johnson, 4 Hurl. & Norm., 653; Quin v. Moore, 15 N. Y., 434; 33 N. J. Law R.,T88; 33 Pa. St., 318; 31 id., 372; Caldwell v. Brown, Am. Law Reg., Oct.,-1867; 24 N. Y., 471; 14 id., 310; 15 id., 434; 33 id., 642; 30 N. L, 188.

1Opinion of the CourtPaine, J.

Tbe last decision of tbis court in this case, on a former appeal, established two propositions: First, tbat tbe jury were not limited, in estimating tbe pecuniary loss of tbe parents, to tbe value of tbe servicés of the child during her minority, but might give damages based upon a reasonable expectation of tbe parents of pecuniary benefit from the continuation of tbe child’s life after she should become *616of age. Second, that sucb reasonable expectation could not be taken for granted, or “ guessed at,” by the jury, but must be shown to have been warranted by the evidence. And the judgment was…

2Cases cited4 opinions

  1. Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
  2. Klatt v. ZeraWisconsin Supreme Court · 1960
  3. Cromwell v. WilkinsonIndiana Supreme Court · 1862
  4. McIntyre v. New York Central RailroadNew York Supreme Court · 1867

3Cited by27 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Campbell v. SutliffWisconsin Supreme Court · 1927
  3. Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
  4. Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
  5. Board of Commissioners v. LeggIndiana Supreme Court · 1884

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