Hogan v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The plaintiff, John Hogan, an infant under seven years of age, brought this action, by his guardian ad litem, to recover damages for personal injuries caused by the alleged negligence of the servants of defendant company.
Read the full summary
APPEAL from the County Court of Milwaukee County. The plaintiff, John Hogan, an infant under seven years of age, brought this action, by his guardian ad litem, to recover damages for personal injuries caused by the alleged negligence of the servants of defendant company. After alleging the appointment of a guardian ad litem for plaintiff, and the incorporation of the defendant, the complaint proceeds as follows: “ That at the time hereinafter mentioned there was a railroad side track extending from the main tracks of said defendant in the Fourth ward of the city of Milwaukee, over private…
1Opinion of the CourtLyoN, J.
The record contains no bill of exceptions. The motion on behalf of the defendant company for judgment was based upon the minutes of 'the judge as well as upon the verdict. It is claimed for defendant that, in the absence of a bill of exceptions preserving the testimony, it must be presumed that the undisputed testimony, independently of the questions submitted to the jury, establishes the right of the defendant to a judgment. This proposition is based upon the familiar rule that error is never to be presumed, but to be available must always be made to appear affirmatively. The argument of the…
2Cases cited6 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Delaney v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
- Kenworthy v. Town of IrontonWisconsin Supreme Court · 1877
- Nicks v. Town of MarshallWisconsin Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Whalen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1890
- Fick v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
- Langenfeld v. Union Pacific RailroadNebraska Supreme Court · 1909
- Taylor v. Northern Coal & Dock Co.Wisconsin Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.