Davis v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane «ounty: R. Gr. SiebeckeR, Circuit Judge. This was an action to recover damages for a personal injury received by the plaintiff at or near Coon Rapids, Iowa, June 16, 1894, while he was traveling on the passenger train of the defendant company, by reason of the derailment of the cars caused by the negligence of the company, in that its track, railroad bridge, roadbed, ties, frog, and appliances, to the distance of 100 feet…
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Appeal from a judgment of the circuit court for Dane «ounty: R. Gr. SiebeckeR, Circuit Judge. This was an action to recover damages for a personal injury received by the plaintiff at or near Coon Rapids, Iowa, June 16, 1894, while he was traveling on the passenger train of the defendant company, by reason of the derailment of the cars caused by the negligence of the company, in that its track, railroad bridge, roadbed, ties, frog, and appliances, to the distance of 100 feet over and to the westward of Coon river, about half a mile east of the village of ■Coon Rapids, were out of repair,…
1Opinion of the Court
The following opinion was filed April 14,1896:
PiNNey, J.
1. We think that the evidence on the part' of the plaintiff was sufficient to require that the case should be submitted to the jury on some, at least, of the allegations of negligence; and that the defendant’s motion for a non-suit, and its request that the jury be instructed to find a verdict for the defendant, were properly denied. As we have arrived at the conclusion that there must be a new trial, we will abstain from any discussion of the evidence, and content ourselves with stating that the case was clearly one for the jury, under…
2Cases cited20 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
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3Cited by41 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Sydnor v. ArnoldCourt of Appeals of Kentucky · 1906
36 more not listed; retrieve them via the Exa API.