Hardy v. Milwaukee Street Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: B,. N. AustiN, Judge. Personal injuries. The plaintiff was injured September 7,. 1891, while alighting from defendant’s electric street car,, on Yan Burén street, in the city of Milwaukee.
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Appeal from a judgment of the superior court of Milwaukee county: B,. N. AustiN, Judge. Personal injuries. The plaintiff was injured September 7,. 1891, while alighting from defendant’s electric street car,, on Yan Burén street, in the city of Milwaukee. She claimed in her complaint, and by her evidence on the trial, that the-car on which she was a passenger had stopped to allow her to alight, and that while she was stepping off from the car it was • negligently started in motion by the conductor or motorman, and she was thereby thrown to the ground. On the part of the defendant, it was…
1Opinion of the Court
*WiNslow, J.
We were strongly urged to hold that the verdict is clearly against the preponderance of the evidence, *185as was held in McCoy v. Milwaukee St. R. Co. 82 Wis. 215. It is true that the plaintiff’s testimony to the effect that the car had stopped when she started to alight, and that she was thrown down by the negligent starting thereof, stands substantially alone, and that it is contradicted by several witnesses, who testified that she attempted to alight before the car had fully stopped; but there are no circumstances in the case which make her story intrinsically improbable or…
2Cases cited2 opinions
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- McCoy v. Milwaukee Steeet Railway Co.Wisconsin Supreme Court · 1892
3Cited by30 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Kliegel v. AitkenWisconsin Supreme Court · 1896
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