Potter v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to recover damages for injuries alleged to have been done to plaintiff’s intestate, Frances L. Bishop, through, defendant’s negligence, causing her death.
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APPEAL from the Circuit Court for Jefferson County. Action to recover damages for injuries alleged to have been done to plaintiff’s intestate, Frances L. Bishop, through, defendant’s negligence, causing her death. The father and mother of said Prances (wbo was in the twelfth year of her age at the time of the injury) were living at the time the action was commenced; and the damages are laid at $5,000. The questions here decided arose upon the instructions; and these are sufficiently set out in the opinion. Yerdict for the plaintiff for $3,000; motion for a new trial denied; and from a…
1Opinion of the CourtDowner, J.
The principal question in this action relates to the rule of damages. The action is brought under sections 11 and 12, ch. 135, R. S. The provisions of the statute, so far as any questions arise in this case, are in substance the same as Lord Campbell’s Act, 9 & 10 Vic., ch. 93. The plaintiff was entitled to recover such damages, not exceeding five thousand dollars, as the jury might deem fair and just in reference to the pecuniary injury resulting from the death of the daughter, Frances L. Bishop, to her parents. The statute does not say, in terms, on what principle the damages are to be…
2Cases cited1 opinion
- McMahon v. . MayorNew York Court of Appeals · 1865
3Cited by41 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
- Board of Commissioners v. LeggIndiana Supreme Court · 1884
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
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