Legal Opinion

Braun v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Wisconsin Supreme Court

Decided November 4, 1919PublishedCited by 4 opinions

Appeal from part of a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. The plaintiff, a traveling salesman about thirty-thr.ee years of age, on March 10, 1917, sustained personal injuries by reason of the derailment of one of defendant’s trains on which he was riding as a passenger, near Stark Station in Oneida county. At the time of the derailment plaintiff was about in the center of the coach which was next to the smoking car.

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Appeal from part of a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. The plaintiff, a traveling salesman about thirty-thr.ee years of age, on March 10, 1917, sustained personal injuries by reason of the derailment of one of defendant’s trains on which he was riding as a passenger, near Stark Station in Oneida county. At the time of the derailment plaintiff was about in the center of the coach which was next to the smoking car. His testimony is to the effect that he was standing in the aisle, having just arisen, with one hand on the spat, and that by the jolting…

1Opinion of the Court

The following opinion was filed May 27, 1919:

Eschweiler,-J.

Plaintiff’s main contention on this appeal is that the damages awarded by the jury were inadequate and that such result should be set aside and a new trial had for the reasons (1) that the form of the question in the special verdict as to the damages was wrong; (2) that the court erred in its instructions upon the subject of damages; (3) that the court erred in excluding evidence offered by plaintiff, or in admitting evidence offered by defendant on the subject of damages; (4) because a new trial should be *14had on the ground that such…

2Cases cited8 opinions

  1. Oborn v. StateWisconsin Supreme Court · 1910
  2. Mauch v. City of HartfordWisconsin Supreme Court · 1901
  3. Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
  4. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  5. Wills v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Lange v. HeckelWisconsin Supreme Court · 1920
  2. Ness Ex Rel. Ness v. H. M. Iltis Lumber Co.Supreme Court of Iowa · 1964
  3. Metzinger v. PerryWisconsin Supreme Court · 1928
  4. Tayler v. ConnorsWisconsin Supreme Court · 1923

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