Jucker v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond duLae County. Action for an injury to an infant clrild, causing its death. Plaintiff appealed from a judgment of nonsuit. The evidence in plaintiff’s behalf is sufficiently stated in the opinion.
1Opinion of the CourtOrton, J.
The rule laid down in Improvement Co. v. Munson, 14 Wall, 448, cited by the learned counsel of the respondent, and commented upon and approved in Pleasants v. Fant, 22 Wall., 122, has been substantially recognized by this court in numerous cases. That rulé is: “If there is any evidence upon which the jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed, the court cannot take the case-from the jury. The question is, Is the evidence sufficient to justify a verdict?” By the very terms of this rule, the question is not, whether the court…
2Cases cited7 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Stewart v. City of RiponWisconsin Supreme Court · 1875
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3Cited by18 opinions
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Louisville, New Albany & Chicago Railway Co. v. SnyderIndiana Supreme Court · 1889
- Ohio & Mississippi Railroad v. HechtIndiana Supreme Court · 1888
- Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
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