Bass v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Iioch County. This cause has been twice in this court on appeals from judgments for the plaintiff; and the reports thereof will be found in 36 Wis., 450, and 39 id., 636. The testimony on the three trials was substantially the same, and is sufficiently stated in reports of the case on the former appeals. On the last trial, the jury found a special verdict in the form of answers to questions submitted to them by the court.
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APPEAL from tlie Circuit Court for Iioch County. This cause has been twice in this court on appeals from judgments for the plaintiff; and the reports thereof will be found in 36 Wis., 450, and 39 id., 636. The testimony on the three trials was substantially the same, and is sufficiently stated in reports of the case on the former appeals. On the last trial, the jury found a special verdict in the form of answers to questions submitted to them by the court. Those questions and answers are as follows: “ 1. Did the plaintiff, while riding in the smoking car, see the conductor; and did he make…
1Opinion of the CourtLyon, J.
In the case of the Railroad Co. v. Finney, 10 Wis., 388, it was said that, although a principal is liable to the extent of compensatory damages for a malicious injury inflicted upon another by his agent acting within the scope of his employment, yet he is not liable to exemplary or punitory damages, unless he directed the injurious act to be done, or subsequently confirmed it. But if the principal directed the act, or, not directing it, if he subsequently adopted or confirmed it, the rule is recognized that he is liable to pu-nitory damages.^
On the first appeal in the present case (36 Wis.,…
2Cases cited6 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Birchard v. BoothWisconsin Supreme Court · 1856
- Milwaukee & Mississippi R. R. v. FinneyWisconsin Supreme Court · 1860
- McWilliams v. BraggWisconsin Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- Tuttle v. RaymondSupreme Judicial Court of Maine · 1985
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Dillingham v. RussellTexas Supreme Court · 1889
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
36 more not listed; retrieve them via the Exa API.