Fisher v. Waupaca Electric Light & Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-paca, county: Chas. M. Webb, Circuit Judge. This action was brought by J. F. Fisher, administrator of the estate of Janet W. Fisher, deceased, against the defendant to recover damages for the death of Janet W. Fisher, caused by defendant’s negligence in equipping and operating its cars on its electric railway.
Read the full summary
Appeal from a judgment of the circuit court for Wau-paca, county: Chas. M. Webb, Circuit Judge. This action was brought by J. F. Fisher, administrator of the estate of Janet W. Fisher, deceased, against the defendant to recover damages for the death of Janet W. Fisher, caused by defendant’s negligence in equipping and operating its cars on its electric railway. The case was submitted to the jury on a general verdict, and the jury found in favor of the plaintiff and assessed his damages at $3,500. The defendant owns and operates an electric railroad extending from the Wisconsin Central depot…
1Opinion of the Court
Tbe following opinion was filed F bruary 1, 1910:
Kerwin, J.
Error is assigned because tbe court refused to direct a verdict in favor of tbe defendant, for the reason that neither negligence nor proximate cause bad been shown upon tbe undisputed evidence. This contention is based upon tbe claim that tbe death of Mrs. Fisher resulted from an unavoidable accident, even if she were killed by tbe defendant’s car, and further that it does not appear from tbe evidence that she was killed by tbe car, but by being thrown from tbe buckboard in which she was riding. Tbe questions involved under this bead…
2Cases cited19 opinions
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
- Winstanley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Wright v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1897
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Werlein v. Milwaukee Electric Railway & Transport Co.Wisconsin Supreme Court · 1954
- Gross v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1914
- Bayliss v. International Railway Co.New York Supreme Court · 1919
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1911