Wanzer v. Chippewa Valley Electric Railroad
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Eau Olaire county: James O’Neill, Circuit Judge. They argued, among other things, that it is sufficient to charge the defendant if its acts were of such a character that in the exercise of proper care it might have foreseen that injury to others might probably result therefrom, even though it could not anticipate the precise injury which did happen to plaintiff would happen to her.
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Appeal from, a judgment of the circuit court for Eau Olaire county: James O’Neill, Circuit Judge. They argued, among other things, that it is sufficient to charge the defendant if its acts were of such a character that in the exercise of proper care it might have foreseen that injury to others might probably result therefrom, even though it could not anticipate the precise injury which did happen to plaintiff would happen to her. Brown v. G., M. <& St. P. R. Go. 54 Wis. 351; Christianson v. G., St. P., M. <& O. R. Go. 61 Minn. 94, and cases cited; Gilson v. Delaware db II. G. Go. 36 Am. St.…
1Opinion of the Court
Oassodat, O. J.
This is an action to recover damages for personal injuries sustained by the plaintiff while riding as a passenger for hire on the defendant’s electric car, by reason of its running into a load of hay, at ten minutes after 8 o’clock on the evening of June 12, 1899.
Issue being joined and trial had, the jury returned a special verdict to the effect (1) that the defendant did, in the manner in which it operated the car in which the plaintiff was a passenger at the time of receiving her injuries, fail to exercise the highest degree of skill and care which a careful and vigilant man…
2Cases cited19 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. AndersonCourt of Appeals of Maryland · 1890
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Stewart v. City of RiponWisconsin Supreme Court · 1875
- Chicago & Alton Railroad v. ByrumIllinois Supreme Court · 1894
- Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914
- Byington v. City of MerrillWisconsin Supreme Court · 1901
- Campshure v. Standard Manufacturing Co.Wisconsin Supreme Court · 1908
- Carlson v. StrasserWisconsin Supreme Court · 1941
- Ferguson v. TruaxWisconsin Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.