Gross Coal Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: WabeeN D. TabbaNt, Circuit Judge. Action to recover for an alleged injury to plaintiff’s property on First avenue in tbe city of Milwaukee by reason' of a change in tbe established grade and tbe erection of a viaduct on said avenue. Tbe appeal is from an order setting aside a verdict in favor of tbe defendant and granting a new trial.
1Opinion of the CourtTimlin, J.
A new trial in this case was granted on tbe ground that tbe verdict was against tbe weight of evidence. Tbe verdict was for tbe defendant and it appealed.
One point made by tbe defendant is that tbe complaint did not state a cause of action, and there was an objection at tbe trial to tbe reception of any evidence thereunder. This objection, it contends, was erroneously overruled, hence that all tbe evidence was wrongly received, and for this reason tbe verdict was not against tbe weight of evidence, but tbe circuit court abused its discretion in granting tbe new trial on that ground because…
2Cases cited5 opinions
- State ex rel. Willis v. PrinceWisconsin Supreme Court · 1878
- Flanagan v. the Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Clary v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Jones v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Bailey v. McCormickWisconsin Supreme Court · 1907
3Cited by3 opinions
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1920
- Welch v. Morton Salt Co.Wisconsin Supreme Court · 1921