Kausch v. Chicago & Milwaukee Electric Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwau-; kee County: Oscar M. Fritz, Circuit Judge. Action begun in the civil court .of Milwaukee . county' against the Chicago, North Shore & Milwaukee Railroad and this defendant to recover damages for an injury, sustained by plaintiff while attempting to board one. of defend-, ant’s street cars.
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Appeal from a judgment of the circuit court for Milwau-; kee County: Oscar M. Fritz, Circuit Judge. Action begun in the civil court .of Milwaukee . county' against the Chicago, North Shore & Milwaukee Railroad and this defendant to recover damages for an injury, sustained by plaintiff while attempting to board one. of defend-, ant’s street cars. The complaint alleged .“That while your plaintiff was in the act of boarding said street car which :.had come to a stop and while your plaintiff had one foot, upon the platform of said street car and one hand upon the hand-bar of said street car, the…
1Opinion of the CourtViNjE, J.
Error is claimed because the circuit court did-not dismiss the appeal of the Chicago, North-Shore &■ Milwaukee Railroad and send the case back to the civil court for correction of the judgment.-' Since it is apparent that it was a pure clerical mistake to render judgment against the Chicago, North Shore & Milwaukee Railroad instead of against the defendant herein, and since it was brought in and had its day in court without in any respect, so far as we can see, being prejudiced by the manner of its appearance, we conclude that the circuit court properly corrected the judgment instead of…
2Cases cited6 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Carle v. NelsonWisconsin Supreme Court · 1911
- Parker v. HullWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Basile v. FathWisconsin Supreme Court · 1925
- Gilbert v. United States Fire InsuranceWisconsin Supreme Court · 1970
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Sheldon v. SingerWisconsin Supreme Court · 1973
- Sloan v. Brown County State BankWisconsin Supreme Court · 1921