Dahl v. Milwaukee City Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of MilwauJcee County. , This is an action to recover damages for the death of the plaintiff’s intestate (who was his child), alleged to have been caused by the negligence of the defendant company (which, oivns and operates a line of street railway in the city of Milwaukee), and of the driver of one of its teams and cars.
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APPEAL from the County Court of MilwauJcee County. , This is an action to recover damages for the death of the plaintiff’s intestate (who was his child), alleged to have been caused by the negligence of the defendant company (which, oivns and operates a line of street railway in the city of Milwaukee), and of the driver of one of its teams and cars. On a former trial the county court ordered a compulsory nonsuit, and the judgment rendered pursuant thereto was reversed by this court on appeal. 62 Wis. 652. The cause has been again tried. The testimony on the two trials is substantially alike.…
1Opinion of the CourtLyom, J.
■ The defendant’s motion for judgment is founded on the proposition that if the second and nineteenth findings are eliminated from the special verdict the remaining findings establish that the boy, Peter, in whose care the deceased child was left by their mother, was guilty of negligence which contributed directly to the death of the child, and that the defendant is not chargeable with any negligence in that behalf. If this is a correct proposition, and those two findings are rejected, it necessarily follows that the general verdict for the plaintiff will be overcome by the special verdict,…
2Cited by6 opinions
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Ohlweiler v. LohmannWisconsin Supreme Court · 1892
- Glettler v. Sheboygan Light, Power & Railway Co.Wisconsin Supreme Court · 1906
- Conover v. KnightWisconsin Supreme Court · 1895
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