Legal Opinion

Walsh v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 28 opinions

APPEAL from the Circuit Court for Dane County. Action for damages alleged to have accrued to the plaintiff from defendant’s gross and willful breach of its contract and duty, in neglecting to furnish the plaintiff and other members of an excursion party with a train for their return from Water-town to Madison at P. M. on Sunday the 14th of September, 1873, as it had agreed to do, and in detaining them at Watertown, under special circumstances set forth in the complaint,…

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APPEAL from the Circuit Court for Dane County. Action for damages alleged to have accrued to the plaintiff from defendant’s gross and willful breach of its contract and duty, in neglecting to furnish the plaintiff and other members of an excursion party with a train for their return from Water-town to Madison at P. M. on Sunday the 14th of September, 1873, as it had agreed to do, and in detaining them at Watertown, under special circumstances set forth in the complaint, until 1:30 A. M. on the next day, before furnishing them with such train. The averments of the complaint, and the…

1Opinion of the Court

Coi/e, J.

No question will be considered in this case except that which relates to the proper rule of damages. As bearing upon that question, the defendant, among other requests, asked the circuit court to charge that the plaintiff was only entitled to recover such damages as naturally and fairly resulted from the breach of the contract; that he could not re-*26coyer damages for the disappointment of mind, sense of wrong, or injury to his feelings, by reason of the breach of the contract. This was refused, and an exception taken. At the request of the plaintiff, the circuit court gaye this…

2Cases cited3 opinions

  1. Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Bank of Orange v. BrownNew York Supreme Court · 1829
  3. Wood v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873

3Cited by28 opinions

  1. Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
  2. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  3. State v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  4. Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
  5. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889

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