Rueping v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bond du Eac county: Michael Blew ah, Circuit Judge. Action to recover for personal injuries. The claim of the-plaintiff was that on Julie 24, 1900, while a passenger on defendant’s train, through want of ordinary care on the part, of its servants, he was severely injured. The only issue tried was as to the proper amount to award plaintiff as compensation.
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Appeal from a judgment of tbe circuit court for Bond du Eac county: Michael Blew ah, Circuit Judge. Action to recover for personal injuries. The claim of the-plaintiff was that on Julie 24, 1900, while a passenger on defendant’s train, through want of ordinary care on the part, of its servants, he was severely injured. The only issue tried was as to the proper amount to award plaintiff as compensation. The case was first tried in December, 1901, resulting, in a judgment for $12,000. On appeal that was reversed as-excessive. 116 Wis. 625, 93 N. W. 843. The court held, that, in order to avoid…
1Opinion of the CourtMarshall, J.
If, as counsel for appellant contends, there is no material difference between the evidence on the last trial and that on the first, as to the loss respondent has suffered, or will suffer, resulting from his injury, it would seem,, as a matter of course, that the verdict cannot stand. A decision as to the quantum of damages recoverable on a given state of facts, for the case in hand, is res adjudicata: It is as absolutely controlling as a decision therein upon any other question. Collins v. Janesville, 111 Wis. 348, 87 N. W. 241. Ilencc, so far as the amount recoverable on the facts here was…
2Cases cited12 opinions
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Propsom v. LeathamWisconsin Supreme Court · 1891
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3Cited by7 opinions
- Heimlich v. TaborWisconsin Supreme Court · 1905
- Otto v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1912
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Beach v. Bird & Wells Lumber Co.Wisconsin Supreme Court · 1908
- Hanna v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.