Luebben v. Wisconsin Traction, Light, Heat & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Action to recover damages for tbe death of B. F. Luebben, alleged to bave been caused by tbe negligence of tbe defendant in failing to keep in repair its street-car track in tbe city of Appleton. Tbe deceased was a conductor in tbe employ of tbe defendant, on wbat is called an open car having no aisles in tbe center.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Action to recover damages for tbe death of B. F. Luebben, alleged to bave been caused by tbe negligence of tbe defendant in failing to keep in repair its street-car track in tbe city of Appleton. Tbe deceased was a conductor in tbe employ of tbe defendant, on wbat is called an open car having no aisles in tbe center. Tbe conductor collected tbe fares standing on a running board about nine inches wide, sloping slightly outwards and extending from one end of tbe car to tbe other about half way between tbe…
1Opinion of the Court
Tbe following opinion was filed April 29, 1913:
ViNje, J.
Defendant argues that the answers returned by the jury to questions 8 and 9 are not inconsistent with the answer to the seventh question, and that hence it was entitled to judgment upon the verdict as returned. We are satisfied that the trial court properly changed the answer to question 9 from No to Yes, and that the verdict so changed called for a judgment in favor of the defendant, and shall therefore not consider the-alleged inconsistency of the jury’s findings. the cáse seems to be barren of any contributory negligence, strictly so…
2Cases cited7 opinions
- Coolidge v. HallauerWisconsin Supreme Court · 1905
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Dodge v. KaufmanWisconsin Supreme Court · 1913
- Mahar v. Montello Granite Co.Wisconsin Supreme Court · 1911
- Jones v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- E. L. Chester Co. v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1933
- Wilger v. Wisconsin Traction, Light, Heat & Power Co.Wisconsin Supreme Court · 1915
- Schabow v. Wisconsin Traction, Light, Heat & Power Co.Wisconsin Supreme Court · 1916