Gabbert v. Hackett
Wisconsin Supreme Court
Appeax from a judgment of tbe circuit court for Winnebago county: Guo. W. BubNem., Circuit Judge. Tbis action was brought to recover for injuries- alleged to have been sustained by plaintiff while a passenger upon the street railway of the Winnebago Traction Company, a corporation, which afterwards passed into the hands of B. H. Ilackett, receiver, defendant and appellant.
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Appeax from a judgment of tbe circuit court for Winnebago county: Guo. W. BubNem., Circuit Judge. Tbis action was brought to recover for injuries- alleged to have been sustained by plaintiff while a passenger upon the street railway of the Winnebago Traction Company, a corporation, which afterwards passed into the hands of B. H. Ilackett, receiver, defendant and appellant. The ordinance under which the street railway was operated was passed in 1897 and contained the provision that free transportation, subject to the rules of the company, should be granted to police officers when in uniform.…
1Opinion of the CourtEeRwiN, J.
It is conceded that the controlling question on tbps appeal raised by the assignments of error is whether the relation of the plaintiff to the traction company was such as to entitle him to that high degree of care due from the carrier to the passenger. This question was sharply raised by the special verdict and portion of the charge set out in the statement of facts.
It is claimed by appellant that the plaintiff was not a passenger, and therefore error was committed in submitting the case to- the jury upon that theory. It is insisted that the -court erred in taking from the jury the question…
2Cases cited17 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
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- Spencer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Bailey v. BartlettWest Virginia Supreme Court · 1932
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