Legal Opinion

Berg v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided June 1, 1911Published

Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was commenced to recoyer for personal injuries sustained by Charles Berg, who died pending the action, and upon his death it was continued by his administrator. The complaint charges that the deceased sustained damages by being unlawfully pushed off a passenger car of the defendant at Port Edwards, while a passenger thereon. The answer was a general denial.

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Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was commenced to recoyer for personal injuries sustained by Charles Berg, who died pending the action, and upon his death it was continued by his administrator. The complaint charges that the deceased sustained damages by being unlawfully pushed off a passenger car of the defendant at Port Edwards, while a passenger thereon. The answer was a general denial. A general verdict of no cause of action was rendered in favor of the defendant, from which this appeal was tahen.

1Opinion of the CourtXeewiN, J.

At the time of the injury the deceased, Berg, was a passenger on a regular train of the defendant going from Grand Rapids to Port Edwards. It appears that there was quite a large crowd of men on the train at the time in *421question, and that upon the way and at the time they were alighting from the train at Port Edwards they were quite boisterous and crowded and jostled each other. There is evidence tending to show that several of these men were apparently intoxicated and were disorderly, but that deceased was in no way connected with them. There is evidence that Graf, the baggageman, who was…

2Cases cited5 opinions

  1. Lipsky v. C. Reiss Coal Co.Wisconsin Supreme Court · 1908
  2. Hiroux v. BaumWisconsin Supreme Court · 1908
  3. Gussart v. Greenleaf Stone Co.Wisconsin Supreme Court · 1908
  4. Fisher v. Waupaca Electric Light & Railway Co.Wisconsin Supreme Court · 1910
  5. Kelly v. BerryWisconsin Supreme Court · 1876

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