Kuchler v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuehee, Circuit Judge. Tbis action was brought to recover damages occasioned by the death of a ten-year-old boy who was hilled in a crossing accident at the intersection of Twelfth and Wells streets in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuehee, Circuit Judge. Tbis action was brought to recover damages occasioned by the death of a ten-year-old boy who was hilled in a crossing accident at the intersection of Twelfth and Wells streets in the city of Milwaukee. At the time of the accident the boy was riding with bis grandfather in a buggy going south on Twelfth street, and a west-bound street car on the defendant’s north track on Wells street collided with the buggy. The accident occurred at 5:30 p. m. May 31, 1907. The complaint charges gross negligence on…
1Opinion of the CourtKeRWIN, J.
The main question presented here is whether there was sufficient evidence to carry the case to the jury on the issue of gross negligence of the motorman operating the car. Under the decisions of this court, in order to make a case of gross negligence it must appear that there' was wilful misconduct on the part of the motorman. His conduct must have been such as to suggest that he was wholly indifferent as to the safety of the occupants of the buggy, and was guilty Of such wanton or reckless conduct as is deemed equivalent to an intent to injure. Haverlund v. C., St. P., M. & O. R. Co. 143…
2Cases cited20 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Bamberger v. Citizens' Street Railway Co.Tennessee Supreme Court · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Keena v. United RailRoads of San FranciscoCalifornia Court of Appeal · 1922
- Reiter v. GroberWisconsin Supreme Court · 1921
- State v. WhatleyWisconsin Supreme Court · 1933
- Bernhardt v. City & S. Ry. Co.Court of Appeals for the D.C. Circuit · 1920
- Haber v. Pacific Electric Railway Co.California Court of Appeal · 1926
2 more not listed; retrieve them via the Exa API.