Legal Opinion

Boehm v. Duluth, South Shore & Atlantic Railway Co.

Wisconsin Supreme Court

Decided December 17, 1895PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Ashland county: JohN K. Paeish, Circuit Judge. This is an action for damages sustained by the plaintiff by reason of having been ejected from a train on the- defendant’s railway, Saturday, April 15, 1893. The answer consists of admissions and denials. At the close of the trial the jury returned a verdict in favor of the plaintiff, and assessed his damages at $350. From the judgment entered thereon the defendant appeals.

1Opinion of the Court

Cassoday, 0. J.

1. There is evidence tending to prove that at the time mentioned the plaintiff was at Sanborn, a station on the defendant’s railway; that he was desirous of going to his home at' Ashland, about twenty miles distant, where his wife was then sick; that to go there by railway it was necessary for him to go on the defendant’s road to Marengo, a station on that road, about five miles east of Sanborn, where that railway made connection with the Wisconsin Central; that he told the station agent at Sanborn that his wife was sick, and he wanted to go to Marengo on the first train,…

2Cases cited5 opinions

  1. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  2. McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
  3. Lucas v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
  4. Jenson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
  5. Phettiplace v. Northern Pacific RailroadWisconsin Supreme Court · 1893

3Cited by8 opinions

  1. Masterson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Holt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
  3. Reed v. Jamieson Investment Co.Washington Supreme Court · 1932
  4. Holt v. Hannibal & St. Joe RailroadMissouri Court of Appeals · 1901
  5. Atkinson v. Southern Railway Co.Supreme Court of Georgia · 1901

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