Di Benedetto v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. The plaintiff seeks to recover compensatory and punitory damages by reason of having been violently and maliciously ejected by the conductor from a street car belonging to the defendant. The answer is a general denial.
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Appeal from an order of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. The plaintiff seeks to recover compensatory and punitory damages by reason of having been violently and maliciously ejected by the conductor from a street car belonging to the defendant. The answer is a general denial. The testimony of the plaintiff, in which he was corroborated, was that the car he wished to take did not stop at the comer and he was compelled to walk a number of steps to board it; that the conductor said to him, “Get on, Ginney, why don’t you get the car on the comer ?” that he…
1Opinion of the CourtSiebeceee, J.
Tbe defendant contends tbat tbe circuit court erred in affirming tbe order of tbe civil court granting a new trial. It is claimed tbat tbe civil court erroneously granted tbe new trial upon alleged inconsistencies in tbe jury’s answers to questions 2 and 4. It is manifest tbat tbe new-trial was not granted by tbe trial court in its discretion or because tbe court entertained an opinion tbat justice bad not been done in compensating tbe plaintiff for tbe injuries be bad sustained. Tbe verdict found separately tbe items of compensatory and punitory damages, so tbat tbe court might award…
2Cases cited2 opinions
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
- Hopkins v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
3Cited by6 opinions
- State v. HallSupreme Court of Iowa · 1974
- Lechner v. EbenreiterWisconsin Supreme Court · 1940
- Egan v. WegeWisconsin Supreme Court · 1951
- State v. HallSupreme Court of Iowa · 1974
- State v. SimpsonCourt of Appeals of Wisconsin · 1985
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