Kurath v. Gove Automobile Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action for damages for death, of a minor son of the plaintiff caused by the alleged negligent speed of an automobile driven by a man claimed to have been the servant of the defendant and acting within the scope of his employment at the time of the injury.
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Appeal from an order of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action for damages for death, of a minor son of the plaintiff caused by the alleged negligent speed of an automobile driven by a man claimed to have been the servant of the defendant and acting within the scope of his employment at the time of the injury. The case was tried at the January term of court, and on March 25, 1910, the jury returned a special verdict and assessed plaintiff’s damages in the sum of $1,750. Defendant moved upon the minutes of the judge to set aside the verdict and for a new…
1Opinion of the CourtVieje, J.
In view of the practice adopted by the trial court in this case in certifying a question to this court for answer, presumably pursuant to ch. 429, Laws of • 1909 (see. 3052m., Stats.'), it seems advisable to indicate the purpose of that act. The section provides that:
“The bond required by sec. 3044 of the statutes on the issuance of a writ of error and the undertaking required by sec. 3052 of the statutes on an appeal shall not be required if the judge before whom the action or proceeding was tried *482shall certify that the cause or proceeding necessarily involves the decision of some question…
2Cases cited5 opinions
- Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
- Prentiss v. DanaherWisconsin Supreme Court · 1866
- Hinton v. ColemanWisconsin Supreme Court · 1890
- Gans v. HarmisonWisconsin Supreme Court · 1878
3Cited by7 opinions
- Ward v. SmithWisconsin Supreme Court · 1917
- Borowicz v. HamannWisconsin Supreme Court · 1926
- State ex rel. Kurath v. LudwigWisconsin Supreme Court · 1911
- Koch v. Wisconsin Pea Canners Co.Wisconsin Supreme Court · 1911
- Collier v. Town of SalemWisconsin Supreme Court · 1911
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