Curtis v. Detroit & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee Count y. Action for injuries to the person of Mrs. Curtis, from her being thrown from the platform of a car on one of defendant’s trains, in consequence of the sudden starting of the train while she was getting upon it.
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APPEAL from tlie Circuit Court for Milwaukee Count y. Action for injuries to the person of Mrs. Curtis, from her being thrown from the platform of a car on one of defendant’s trains, in consequence of the sudden starting of the train while she was getting upon it. The general facts and circumstances of the case will sufficiently appear from a report of the decision of this court upon a former appeal therein, contained in 23 Wis. 152-160. _ _ _ _ The court gave the following instructions at the request of the plaintiffs: “ If the plaintiffs, in taking the train in question, acted as persons of…
1Opinion of the CourtDixon, C. J.
Notwithstanding the criticisms of the learned counsel for the defendant, we are of opinion that this cause was fairly submitted to the jury upon instructions which covered the whole law of the case. Of the several instructions prayed by the defendant, eleven were given and five refused, and we think there was no error in such refusal.
Of the prayers for instructions refused, the first was improper, because it assumed that there was a car in the rear intended for the passengers at that station, which was a disputed fact, and one as to which the testimony was conflicting. It was for the jury to…
2Cited by6 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Clerc v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1901
- Hartwig v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- St. Louis Southwestern Ry. Co. v. WainwrightCourt of Appeals for the Eighth Circuit · 1907
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