Holdridge v. Mendenhall
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This is an action by a father to recover for the loss of services of his minor son.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This is an action by a father to recover for the loss of services of his minor son. The evidence upon the trial showed that in June, 1900, the defendant, as receiver of the Duluth Street Railway Company, was operating street cars upon street-railway tracks in the city of Superior, Wisconsin ; that the plaintiff’s son Rex, a boy about six years nine months of age, was struck by one of the defendant’s street-railway cars on the 23d of June, 1900, and run over by the car, receiving serious injuries. The…
1Opinion of the CourtWixslow, J.
The boy who was run over by the defendant’s street car in this case was a little less than seven years of age, and was upon the public street, in the daytime, alone, or at least not accompanied by either his parents or any custodian. It is argued that the trial court should have taken the case from the jury, and granted a nonsuit, on the ground of contributory negligence on the part of the boy or his parents. This contention cannot be sustained. In case of an accident happening to a child of such tender years, it must be an extreme case indeed which would 'warrant a court in granting a…
2Cases cited4 opinions
- Eastwood v. La Crosse City Railway Co.Wisconsin Supreme Court · 1896
- Johnson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Rooney v. Milwaukee Chair Co.Wisconsin Supreme Court · 1886
- McVoy v. OakesWisconsin Supreme Court · 1895
3Cited by11 opinions
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Jorgenson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Compty v. C. H. Starke Dredge & Dock Co.Wisconsin Supreme Court · 1906
- Van Salvellergh v. Green Bay Traction Co.Wisconsin Supreme Court · 1907
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