Herring v. E. I. Du Pont de Nemours Powder Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Frane A. Ross, Circuit Judge. Action for a personal injury. The case has been three times tried.
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Appeal from a judgment of the circuit court for Douglas county: Frane A. Ross, Circuit Judge. Action for a personal injury. The case has been three times tried. The first trial resulted in a judgment of non-suit which was reversed on appeal. 139 Wis. 412,121 N. W. 170. The reversal was because of there being a fair basis in the evidence for a jury to find defendant guilty of want of ordinary care which proximately caused the injury and that defendant neither assumed the risk nor was guilty of contributory negligence. On the second trial there was a special verdict finding all the material…
1Dissent
The following opinion was filed March 11, 1913:
■WiNSLow, C. J.
(dissenting'). It is very easy to say, as is said in the opinion of the court, that the decisions upon the former appeals in this- case control the present appeal and *396necessitate affirmance of tbis judgment. Tbis is indeed a very conclusive answer to tbe appellant’s contentions, if it be justified by tbe facts. I am sure that my brethren will not misunderstand me wben I say that I think it is not so justified. Certainly tbe appellant’s counsel made a lawyer-like argument to tbe contrary and, as it seems to me, an argument worthy of…
2Cases cited2 opinions
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1909
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1911