Kern v. Snider
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action to recover damages for a personal injury suffered through the alleged negligence of the servant of the plaintiffs in error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action to recover damages for a personal injury suffered through the alleged negligence of the servant of the plaintiffs in error. There was a verdict for defendants in error for $5,000. On motion for new trial the court below found that the injury was not permanent in its character, and ordered a new trial, unless defendants in error should elect to remit $3,000, and take judgment for $2,000. They so elected, judgment was entered accordingly, and writ of error to review the same sued out.
1Opinion of the Court
SANBORN, District Judge.
The injury complained of was sustained June 4, 1903, about 3 p. m. Defendants’ servant, engaged in taking orders for the sale of flour, was using a horse and buggy in *328the business. He visited a bakery at No. 1000 Lake street, Chicag'o, and hitched the horse in front of a saloon opposite the bakery, near the corner of Lake street and Western avenue. There Ayas a double-track surface street railway on Western avenue, and the cars ran each way, some four or five minutes apart. There was also an elevated railAvay in Lake street, the cars running every five or six minutes,…
2Cases cited8 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Johns v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1895
- Spencer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1900
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3Cited by3 opinions
- Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
- Banister v. YapDistrict Court, N.D. Illinois · 2020
- The StudentCourt of Appeals for the Fourth Circuit · 1917