Blair v. Milwaukee & Prairie du Chien Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought to recover for injuries suffered by the plaintiff while being conveyed as a passenger in a train of cars on defendant’s road. The occasion on which the injuries were received was the same as that described in the preceding case of Blair and wife against the same defendant {ante, jd. 254), to which reference is here made.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought to recover for injuries suffered by the plaintiff while being conveyed as a passenger in a train of cars on defendant’s road. The occasion on which the injuries were received was the same as that described in the preceding case of Blair and wife against the same defendant {ante, jd. 254), to which reference is here made. The single point on which the judgment was reversed here, will sufficiently appear from the opinion. Yerdict and judgment for the jfiaintiff; and defendant appealed. as to the inadmissibility of the…
1Opinion of the CourtCole, J.
We are of the opinion that there must be a new trial in this case, on account of the admission of improper evidence on the question of damages. Upon the trial, the witness Persons, among other things, was asked by the counsel for the plaintiff the following question: “ What was the amount of damage to the firm of Blair & Persons for the year 1863 by reason of the absence of Mr. Blair *1” This question was objected to, but the objection was overruled, and the witness pro*263ceeded to state tbat for tbat year be should estimate tbe damages to tbe firm at $4,000 or $5,000. It is now insisted tbat tbis…
2Cases cited2 opinions
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
3Cited by13 opinions
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Heer v. Warren-Scharf Asphalt Paving Co.Wisconsin Supreme Court · 1903
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