Yorton v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The cause was before this court on a former appeal and is reported in 54 Wis. 234. Upon the second trial the complaint was amended to conform to the view of the case taken b}*' this court.
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APPEAL from the County Court of Milwaukee County. The cause was before this court on a former appeal and is reported in 54 Wis. 234. Upon the second trial the complaint was amended to conform to the view of the case taken b}*' this court. The jury found a special verdict substantially as follows: The plaintiff, after he purchased his ticket for Oshkosh and entered defendant’s train at Marion on the evening of October 27, 1880, and when he delivered such ticket to Conductor Sherman of said train, asked said conductor to give him a stop-over check for Clintonville; and said conductor understood…
1Opinion of the Court
The following opinion was filed November 25, 1884:
Cole, G. J.
The sole question in this case is, Was the rule of damages which was laid down by the learned county court correct, in view of the facts disclosed on the trial? *370That rule was, in effect, that the plaintiff was only entitled to recover the additional fare he had to pay to get from Clintonville to Oshkosh, with interest. When the case was here on a former appeal (54 Wis. 234) we thought the charge of the court as to the rule of damages incorrect, because it went upon the hypothesis that the plaintiff was unlawfully put off the train…
2Cases cited10 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Marshall v. CooperCourt of Appeals of Maryland · 1875
- Dunkin v. VandenberghNew York Court of Chancery · 1829
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wurtzinger v. JacobsWisconsin Supreme Court · 1967
- Willson v. Northern Pacific RailroadWashington Supreme Court · 1893
- Hartford Accident & Indemnity Company v. PyleOregon Supreme Court · 1975
- Indianapolis Street Railway Co. v. WilsonIndiana Supreme Court · 1903
- Gauche v. MilbrathWisconsin Supreme Court · 1900
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