Anderson v. Horlick's Malted Milk Co.
Wisconsin Supreme Court
'Appeals from orders and from a judgment of the circuit court for Racine county: E. B. Beldeb, Circuit Judge. Action to recover for personal injuries claimed to have been caused hy defendant’s negligence. The plaintiff was injured by going through the open door of an elevator shaft when the car was not in place and falling down the shaft. The negligence complained of, made the subject of inquiry on the evidence, was as indicated in the verdict.
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'Appeals from orders and from a judgment of the circuit court for Racine county: E. B. Beldeb, Circuit Judge. Action to recover for personal injuries claimed to have been caused hy defendant’s negligence. The plaintiff was injured by going through the open door of an elevator shaft when the car was not in place and falling down the shaft. The negligence complained of, made the subject of inquiry on the evidence, was as indicated in the verdict. The jury found as follows: “(1) Bid the signal bell in the elevator fail to ring when the elevator moved upward from the first floor immediately…
1Opinion of the CourtMa-rsttat.t., J.
See. 2856, Stats. (1898), provides that:“The .plaintiff shall have no right to submit to a nonsuit after the argument of the cause to the jury upon the testimony shall have been concluded or waived.” It will readily be seen, without discussion, that appellant was entitled, as mat*572ter of right, after the verdict was rendered, to have the question of its right to judgment thereon determined by the trial court and, if necessary, hy this court. It is quite likely that the learned trial court supposed that, a new trial having been granted, the case stood as regards the right of discontinuance the…
2Cases cited21 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Draper v. BakerWisconsin Supreme Court · 1884
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mustas v. INLAND CONSTRUCTION, INC.Wisconsin Supreme Court · 1963
- Puffer v. WelchWisconsin Supreme Court · 1911
- Shorette v. StateSupreme Judicial Court of Maine · 1979
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Brown v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.