Malkowski v. Graham
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This action was brought by the appellant, Joseph Malkozv-ski, to recover damages for loss of his wife’s consortium, occasioned by the alleged negligence of the respondent, a physician.
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This action was brought by the appellant, Joseph Malkozv-ski, to recover damages for loss of his wife’s consortium, occasioned by the alleged negligence of the respondent, a physician. The action was brought in the civil court of -Milwaukee county, and the jury returned a verdict in favor of the plaintiff and assessed his damages at $300. Judgment was rendered on the verdict in favor of the plaintiff for $300 damages, and costs. Upon appeal from the civil to the circuit court, on motion and…
1Opinion of the CourtKerwin, J.
The main question is whether the evidence was sufficient to support the verdict in the civil court finding the defendant negligent.
In considering the evidence in this case we are mindful of the established rule that if there is any credible evidence to support the verdict it cannot be disturbed.
The defendant denied practically all the material evidence relied upon by plaintiff. So we shall treat the appellant’s evidence as undisputed, since, if it is sufficient to support the verdict, the judgment appealed from must be reversed.
The defendant was called to perform an operation on plaintiff’s…
2Cases cited6 opinions
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Barton v. Pepin County Agricultural SocietyWisconsin Supreme Court · 1892
- Wolosek v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1914
- Hanson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wright v. ConwayWyoming Supreme Court · 1925
- Hallinan v. PrindleCalifornia Court of Appeal · 1936
- Hohenthal v. SmithCourt of Appeals for the D.C. Circuit · 1940
- Porter v. PattersonCourt of Appeals of Georgia · 1962
- Swigerd v. City of OrtonvilleSupreme Court of Minnesota · 1956
5 more not listed; retrieve them via the Exa API.