Legal Opinion

Tesch v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided January 8, 1901PublishedCited by 41 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover damages for a personal injury. The evidence produced bearing on the issues made by the pleadings established or tended to establish the following: Yirginia street runs east and west and Reed street crosses it at right angles running north and south, in the city of Milwaukee. Such streets are about sixty feet wide between curb lines.

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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover damages for a personal injury. The evidence produced bearing on the issues made by the pleadings established or tended to establish the following: Yirginia street runs east and west and Reed street crosses it at right angles running north and south, in the city of Milwaukee. Such streets are about sixty feet wide between curb lines. The defendant has a double-track electric street railroad on Reed street, operated by the overhead trolley system. The streets are much used, particularly at…

1Opinion of the CourtFEaeshall, J.

This case involves a few plain familiar principles. Little or no help can be obtained by citing cases from other courts where the facts were materially different or the principles applied not recognized as law by this court. There are no precedents, as regards the facts, in the decided cases of this or other courts, that can be considered controlling or materially helpful. Counsel for respondent has, with great industry and some misdirected professional energy, brought to our attention a mass of cases in support of the judgment; but so many of them are out of harmony with the settled rules of…

2Cases cited5 opinions

  1. Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
  2. Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
  3. Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
  4. Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
  5. Johnson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1895

3Cited by41 opinions

  1. Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
  2. Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
  3. Peters v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
  4. Dahinden v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
  5. Watermolen v. Fox River Electric Railway & Power Co.Wisconsin Supreme Court · 1901

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