Peat v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Plaintiff was a passenger on defendant’s train leaving Min-ocqua for the south between 4 and 4:15 p. m. January 13, 1902. At or near Hixon, a flag station with no buildings or platform, plaintiff was put off the train as result of a controversy as to nonpayment of fare, about three miles and a half from Minocqua.
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Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Plaintiff was a passenger on defendant’s train leaving Min-ocqua for the south between 4 and 4:15 p. m. January 13, 1902. At or near Hixon, a flag station with no buildings or platform, plaintiff was put off the train as result of a controversy as to nonpayment of fare, about three miles and a half from Minocqua. About 6:30 the same evening he was picked up by a north-bound train at a point 500 or 600 feet south of the south end of the passing" switch at Hixon with his foot cut nearly off so that it was…
1Opinion of the Court
'The following opinion was filed April 17, 1906:
Dodge, J.
Appellant’s principal contention is that the •court erred in overruling the motion for new trial, which counsel primarily supports by assertion that the evidence so ■overwhelmingly preponderates against plaintiff that refusal to set aside the verdict on that ground was an abuse of discretion. This position is wholly untenable if there was any credible evidence to sustain plaintiff’s contention as to the material facts. In such case, while the trial court has authority in its discretion to set aside the decision of the jury as likely in…
2Cases cited10 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Salchert v. ReinigWisconsin Supreme Court · 1908
- McKneely v. Brotherhood of American YeomenWisconsin Supreme Court · 1915
- Estey Organ Co. v. LehmanWisconsin Supreme Court · 1907
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907
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