Schmuhl v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. Tuehee, Circuit Judge. The complaint in this action charged the defendant with liability for wrongful and malicious assault upon the plaintiff by a street-car conductor in the defendant’s employ while plaintiff was riding as a passenger on one of its cars in the city of Milwaukee.
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Appeal from an order of the circuit court for Milwaukee county: W. J. Tuehee, Circuit Judge. The complaint in this action charged the defendant with liability for wrongful and malicious assault upon the plaintiff by a street-car conductor in the defendant’s employ while plaintiff was riding as a passenger on one of its cars in the city of Milwaukee. Upon service of the complaint the defendant moved the court for an order requiring plaintiff to make the conductor who committed the assault a party defendant. This motion was denied, and defendant then moved the court for leave to serve its…
1Opinion of the CourtBashes, J.
We do not see how the presence of the conductor as a party defendant could prejudice the plaintiff or seriously complicate the issues to be tried, and we think it *586would have been a proper exercise of discretion on the part of the trial court to have ordered that he be brought in as a party and that a cross-complaint be served upon him as provided by sec. 2656a, Stats. This statute in form confers a discretionary power on circuit courts, and we have very recently decided that it does not go farther in fact. Kresge v. Maryland C. Co. 154 Wis. 627, 143 N. W. 668. Mention of this statute is not…
2Cases cited5 opinions
- Kresge v. Maryland Casualty Co.Wisconsin Supreme Court · 1913
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1908
- Reinhart v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1896
- Cook v. City of MenashaWisconsin Supreme Court · 1897
- Wechselberg v. MichlesonWisconsin Supreme Court · 1900
3Cited by7 opinions
- Best v. YerkesSupreme Court of Iowa · 1956
- Fisher v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
- Jones v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
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