Ewen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Action under sections 12 and 18, ch. 185, R. S., by the plaintiff as administrator, to recover damages alleges to have been sustained by Mrs. Kittie McCall by the death of her son, an infant about nine years of age, caused by the negligence of the defendant in operating 'its railway in Milwaukee, on November 28, 1872. The answer was a general denial, and a charge of contributory negligence.
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APPEAL from the Circuit Court for Waupaca County. Action under sections 12 and 18, ch. 185, R. S., by the plaintiff as administrator, to recover damages alleges to have been sustained by Mrs. Kittie McCall by the death of her son, an infant about nine years of age, caused by the negligence of the defendant in operating 'its railway in Milwaukee, on November 28, 1872. The answer was a general denial, and a charge of contributory negligence. It appeared from the evidence that at the time of the accident Mrs. McCall was a widow, thirty-four years of age, with two children ; that she had been in…
1Opinion of the CourtCole, J.
The counsel for the defendant company discussed the exceptions in this case in nearly the order in which they arise upon the record; and it will be convenient to consider them in the same order.
In the first place, it is insisted that the circuit court erred in allowing the plaintiff to prove that Mrs. McCall, the mother of the deceased, was in destitute circumstances and mainly supported by her friends. Testimony of this description, it is said, had a direct tendency to excite the sympathies of the jury in hei; favor, and was calculated to prejudice the defendant. In actions of this…
2Cases cited12 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Safford v. DrewThe Superior Court of New York City · 1854
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3Cited by43 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Callies v. Reliance Laundry Co.Wisconsin Supreme Court · 1925
38 more not listed; retrieve them via the Exa API.