Legal Opinion

Olwell v. Milwaukee Street Railway Co.

Wisconsin Supreme Court

Decided February 18, 1896PublishedCited by 10 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, J”udge. The plaintiff’s intestate, a boy two years and seven months of age, was on. the 4th day of May, 1894, run over and killed by one of the defendant’s electric street cars, on ■one of the public streets of the city of Milwaukee; and this .action is brought, under the statute, for the benefit of the parents of the deceased, claiming that such death was caused by the negligence of defendant’s…

Read the full summary

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, J”udge. The plaintiff’s intestate, a boy two years and seven months of age, was on. the 4th day of May, 1894, run over and killed by one of the defendant’s electric street cars, on ■one of the public streets of the city of Milwaukee; and this .action is brought, under the statute, for the benefit of the parents of the deceased, claiming that such death was caused by the negligence of defendant’s employees. The defendant •denies negligence on its part, and alleges contributory negligence on the part of the boy and…

1Opinion of the CourtWinslow, J.

Three questions are raised by the appellant:

1. The record of a coroner’s inquest, which was held on the body of the child three days after the accident, was *334offered in evidence by the defendant, and excluded by the-court. This ruling is claimed to have been erroneous. Upon what principle it can be claimed that this record can affect in any way the rights of private parties, who were not parties to the proceeding, is not quite-clear, although it-must be admitted that there are authorities to that effect. U. S. L. Ins. Co. v. Vocke, 129 Ill. 557, and cases there cited. "We find it unnecessary…

2Cases cited9 opinions

  1. Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
  2. Douglass v. TouseyNew York Supreme Court · 1829
  3. United States Life Insurance v. VockeIllinois Supreme Court · 1889
  4. Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
  5. Duthie v. Town of WashburnWisconsin Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hedger v. StateWisconsin Supreme Court · 1911
  2. Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
  3. Olwell v. SkobisWisconsin Supreme Court · 1905
  4. Pumorlo v. City of MerrillWisconsin Supreme Court · 1905
  5. Queatham v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API