Butteris v. Mifflin & Linden Mining Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Iowa county: Qeoeg-e Clemeittsow, Circuit Judge. An action for damages brought by the plaintiff as adminis-tratrix of the estate of Harry Butteris, deceased, against the Mifflin and Linden Mining Company, a corporation existing under the laws of this state. Damages are claimed upon the ground that the defendant negligently caused the death of the decedent while he was in its employ.
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Appeal from an order of the circuit court for Iowa county: Qeoeg-e Clemeittsow, Circuit Judge. An action for damages brought by the plaintiff as adminis-tratrix of the estate of Harry Butteris, deceased, against the Mifflin and Linden Mining Company, a corporation existing under the laws of this state. Damages are claimed upon the ground that the defendant negligently caused the death of the decedent while he was in its employ. The defendant denied this charge of negligence and asserts that his death ■was caused, by bis -want of ordinary care. Tbe jury found that tbe decedent, while in…
1Opinion of the CourtSiebeckeR, J.
The order setting aside the verdict and granting a new trial states that it is grounded upon the affidavits of the jurors before whom the action, was tried, and that the order is made because the answer to question 7 of the special verdict, finding the deceased guilty of a want of ordinary care which contributed to cause his death, is not as four jurors “intended it should be,” and that they “did not intend to return a verdict finding” this fact. An examination of the affidavits discloses that they do not present a situation analogous to that in the case of Wolfgram v. Schoepke, 123 Wis. 19,…
2Cases cited6 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Mills v. ConleyWisconsin Supreme Court · 1901
- Owen v. Portage Telephone Co.Wisconsin Supreme Court · 1905
- Buckmaster v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Larson v. HansonWisconsin Supreme Court · 1932
- State v. BillerWisconsin Supreme Court · 1952
- Brophy v. Milwaukee Electric Railway & Transport Co.Wisconsin Supreme Court · 1947
- Imperio v. StateWisconsin Supreme Court · 1913
- Olson v. WilliamsWisconsin Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.