Chamberlain v. Milwaukee & Mississippi Railroad
Wisconsin Supreme Court
APPEAL EROM MILWAUKEE CIRCUIT COURT. This was an action commenced in the circuit court of Milwaukee county, to recover for personal injuries alleged by the plaintiff to have been received while in the cars of the defendant, by and through the carelessness and negligence of the servants and employees of the said defendants.
Read the full summary
APPEAL EROM MILWAUKEE CIRCUIT COURT. This was an action commenced in the circuit court of Milwaukee county, to recover for personal injuries alleged by the plaintiff to have been received while in the cars of the defendant, by and through the carelessness and negligence of the servants and employees of the said defendants. The complaint alleged that the plaintiff being agent and servant for certain persons, doing business under the firm of James Holton & Co., entered into one of the cars of the defendant at Madison, for the purpose of being carried to Milwaukee as a passenger for hire as by…
1Opinion of the Court
By the Court,
Cole J.
This is an appeal from an order of the circuit court of Milwaukee county, granting a new trial after a verdict had been rendered upon the evidence, and under the instructions of the court for the appellant.
It is very well known that under the old practice, applications for a new trial were mainly addressed to the sound discretion of the court in which they were made, and hence this court has frequently decided that it would not reverse a judgment for an alleged error in denying a new trial unless in a case where it appeared there had been a gross abuse of discretion on the…
2Cases cited1 opinion
- Hartfield v. RoperNew York Supreme Court · 1839
3Cited by14 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
- Hoth v. PetersWisconsin Supreme Court · 1882
- Anderson v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Howland v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
9 more not listed; retrieve them via the Exa API.