Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. On August 15, 1881, the plaintiff’s intestate was run over and killed by a train of cars running on the railway of the defendant company, in the city of Watertown. The plaintiff has been duly appointed administrator of the estate of the deceased, “and brings this action under the statute to recover damages for such killing, alleging that the same was caused by the negligence of the defendant’s employees in charge of such train.
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APPEAL from the Circuit Court for Dodge County. On August 15, 1881, the plaintiff’s intestate was run over and killed by a train of cars running on the railway of the defendant company, in the city of Watertown. The plaintiff has been duly appointed administrator of the estate of the deceased, “and brings this action under the statute to recover damages for such killing, alleging that the same was caused by the negligence of the defendant’s employees in charge of such train. The deceased was an infant, not quite sixteen months old, and the son of the plaintiff. At the time of the death of his…
1Opinion of the CourtLyoN, J.
The questions, whether the death of the plaintiff’s intestate was caused by the negligence of the employees of the defendant company operating the train, and, if so, whether the parents of the deceased were guilty of negligence which contributed to his death, were submitted to the jury for their determination. The first question was answered by the jury in the affirmative, and the .second in the negative. If they were properly thus submitted, the verdict supports the judgment for the plaintiff, and the judgment cannot be disturbed unless error in some other respect has intervened.. The…
2Cases cited3 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Bohan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1883
- Branger v. ButtrickWisconsin Supreme Court · 1871
3Cited by23 opinions
- Mayhew v. BurnsIndiana Supreme Court · 1885
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
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