Kittner v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Appeal from an order granting a new trial. The action is to recover damages for personal injuries sustained by the plaintiff, alleged to have been caused by the negligence of the defendant railroad company.
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APPEAL from the Circuit Court for Brown County. Appeal from an order granting a new trial. The action is to recover damages for personal injuries sustained by the plaintiff, alleged to have been caused by the negligence of the defendant railroad company. The plaintiff was a brakeman employed by that company, and when in the performance of his duty as such, on the top of a train of cars approaching the city of De Pere from the north, in the day-time, he was struck by a tramway erected across the railroad, and received the injuries complained of. He was upon a refrigerator car, not belonging to…
1Opinion of the CourtLyon, J.
There is little to be said in determining this appeal. "Without the third finding, which the circuit court disapproved, the special verdict will not support a judgment for plaintiff. The testimony relating to the subject matter of that finding is conflicting, or at least is such that opposite conclusions may reasonably be drawn from it by different persons of equal and average capacity to judge of the weight of evidence. The jury came to one conclusion, and the learned judge of the circuit court reached the opposite conclusion. The reasons of the judge, upon which his conclusion is based,…
2Cases cited4 opinions
- Smith v. LanderWisconsin Supreme Court · 1880
- Jones v. EvansWisconsin Supreme Court · 1871
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Bushnell v. ScottWisconsin Supreme Court · 1867
3Cited by2 opinions
- John v. PierceWisconsin Supreme Court · 1922
- Pierson v. Citizens' Telephone & Telegraph Co.Wisconsin Supreme Court · 1908