Legal Opinion

Kohler v. West Side Railroad Co.

Wisconsin Supreme Court

Decided March 22, 1898PublishedCited by 13 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought to recover damages claimed to have been sustained by plaintiff while riding on one of defendant’s street cars in the city of Milwaukee, in April, 1892. The ground of recovery is the alleged negligent starting of the car without warning, as plaintiff was about to alight therefrom, by which he was thrown violently to the pavement and sustained a fracture of his right…

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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought to recover damages claimed to have been sustained by plaintiff while riding on one of defendant’s street cars in the city of Milwaukee, in April, 1892. The ground of recovery is the alleged negligent starting of the car without warning, as plaintiff was about to alight therefrom, by which he was thrown violently to the pavement and sustained a fracture of his right leg. A special verdict was returned by the jury in which they found: (1) That plaintiff was injured while alighting from…

1Opinion of the CourtBardeen, J.

At the opening of the trial, one N. E. G-ailey was called as a juror, who testified that he was in the employ of the Milwaukee Electric Bailway & Light Company, but in what capacity does not appear. Appellant’s counsel challenged the juror for cause, and, upon it being overruled, afterwards excused him upon peremptory challenge. This is claimed to be error. The mere fact that the juror was in the employ of another street railway company, without a showing as to wrhat that employment was, affords no reason, on its face, for excusing the juror for cause. The disqualification could only arise…

2Cases cited6 opinions

  1. Spies v. PeopleIllinois Supreme Court · 1887
  2. Ryan v. Rockford InsuranceWisconsin Supreme Court · 1890
  3. Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
  4. Murphey v. WeilWisconsin Supreme Court · 1894
  5. Pool v. Milwaukee Mechanics InsuranceWisconsin Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. LindellWisconsin Supreme Court · 2001
  2. Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
  3. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  4. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  5. Morrison v. LeeNorth Dakota Supreme Court · 1904

8 more not listed; retrieve them via the Exa API.

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