Milwaukee & Mississippi R. R. v. Finney
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, DANE COUNTY. This was an action commenced by James Finney against the Milwaukee & Mississippi Railroad Company.
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ERROR TO CIRCUIT COURT, DANE COUNTY. This was an action commenced by James Finney against the Milwaukee & Mississippi Railroad Company. The complaint set forth that the plaintiff had purchased a passenger ticket at the Madison depot, from Madison to Edgerton, for which he paid ninety cents; that the plaintiff was received in the cars, and carried on the ticket tcf within eight miles of Edgerton, where the condueter of the train stopped the train and expelled him from the cars, refusing to carry him any farther, contrary to the conditions of his agreement with the company. The answer was a…
1Opinion of the Court
By the Court,
DixoN, C. J.
The order of the circuit court allowing the defendant in error, plaintiff below, to amend his complaint cannot be assigned for error in this court. Such amendment was a matter of discretion and will not be reviewed except in cases where it has been clearly abused.
The ruling allowing the plaintiff below to give in evidence the declarations of the defendants’ ticket agent, made after the transaction of selling the ticket was closed, was clearly erroneous. This is abundantly established by the authorities cited by the counsel for the plaintiff in error. The rule as to…
2Cases cited1 opinion
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
3Cited by25 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
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