Fitts v. Cream City Railroad
Wisconsin Supreme Court
APPEAL from the County Court of Milwaultee County. Action to recover for injuries to the plaintiff’s cutter and harness caused by the defendant’s negligence in having and using a defective and unsafe turn-table in a public street, and an improper iron latch or catch thereon, which caught the runner of the plaintiff’s cutter as he was driving by. The facts are stated in the opinion. The plaintiff appealed from a judgment dismissing the complaint.
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APPEAL from the County Court of Milwaultee County. Action to recover for injuries to the plaintiff’s cutter and harness caused by the defendant’s negligence in having and using a defective and unsafe turn-table in a public street, and an improper iron latch or catch thereon, which caught the runner of the plaintiff’s cutter as he was driving by. The facts are stated in the opinion. The plaintiff appealed from a judgment dismissing the complaint. For the appellant it was argued, among other things, that the nonsuit was improper. Where the motion is made after the defendant’s testimony is in,…
1Opinion of the CourtOetoN, J.
The county court granted a nonsuit at the close of the testimony of both parties. The rule for granting nonsuits in a case tried with a jury is correctly stated by the learned counsel of the appellant. “ That a nonsuit should not be ordered when the evidence, giving it the most favorable construction for the plaintiff that it will possibly bear, tends to prove the facts necessary to a recovery.” Schomer v. Hekla Fire Ins. Co., 50 Wis., 575; Jucker v. C. & N. W. R'y Co., 52 Wis., 150; Gower v. C. M. & St. P. R’y Co., 45 Wis., 182; Spensley v. Lancashire Ins. Co., 54 Wis., 433. The question of…
2Cases cited13 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- McArthur v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Missouri Pacific Railway Co. v. FoxNebraska Supreme Court · 1900
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.