Rideout v. Winnebago Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action for damages for the alleged wrongful killing of plaintiff's intestate.
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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action for damages for the alleged wrongful killing of plaintiff's intestate. The circumstances stated as a ground for a recovery are substantially these: From June 22, 1897,. up to and inclusive of the event complained of defendant was a corporation duly organized under the laws of this state, and authorized to operate an electric street railway on various streets, including Merritt street, in .the city of Oshkosh, Wisconsin. August 24, 1903, the Uniformed Bank, Knights of Pythias in such city,…
1Opinion of the Court
MaRShall, J".
It seems that from the time of drawing; the complaint to the entry of judgment there was want of appreciation of the broad distinction between ordinary negligence and intentional wrongdoing, the former .being characterized by inadvertence and the latter by advertence, the-one requiring intent, actual or constructive to injure, and the other being inconsistent therewith.- Under the decisions-of this court, and by the better rule, it is believed, prevailing ■whenever the doctrine of comparative negligence does not prevail, as it does not here, that species of wrong, which has-been…
2Cases cited27 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Parker v. Pennsylvania Co.Indiana Supreme Court · 1893
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
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3Cited by22 opinions
- Tighe v. DiamondOhio Supreme Court · 1948
- Williamson v. McKennaOregon Supreme Court · 1960
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Sorrell v. WhiteSupreme Court of Vermont · 1931
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