Mace v. Reed
Wisconsin Supreme Court
Appeal from a judgment of 'tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbe complaint in this action charges that on the 6th day of August, 1893, the defendant was the owner of a steamboat and a common carrier of passengers for hire by said steamboat on Lake Winnebago, from Oshkosh to Stock-bridge, and that on said day the plaintiff was received as a passenger upon said boat for hire; “ that the said defendant, being under obligations towards said…
Read the full summary
Appeal from a judgment of 'tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbe complaint in this action charges that on the 6th day of August, 1893, the defendant was the owner of a steamboat and a common carrier of passengers for hire by said steamboat on Lake Winnebago, from Oshkosh to Stock-bridge, and that on said day the plaintiff was received as a passenger upon said boat for hire; “ that the said defendant, being under obligations towards said plaintiff of common carrier of passengers in respect to said passage, so carelessly, negligently, and improperly…
1Opinion of the CourtWiNslow, J.
We think that tbe plaintiff should have been allowed to show, if he could, that the defendant’s principal witness, Teichgraber, was intoxicated at the time of the transaction to which he testified. It would certainly have been competent to show that the witness was not in fact present, or that, although present, he was blind or ■asleep or in a condition of stupefaction, so that he could not apprehend what was going on about him. The proof that he was intoxicated is of the same general character. It is not strictly impeaching, but it tends to show that his faculties of observation were either…
2Cited by10 opinions
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- State v. EdwardsOregon Supreme Court · 1922
- Rueping v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1903
- Pollock v. StateWisconsin Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.