Hemmingway v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The facts are stated in the opinion and in the report of the former appeal. 67 "Wis. 668. Upon the second trial the plaintiff had a verdict for $7,600, and from the judgment entered thereon the defendant appealed.
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APPEAL from the Circuit Court for Walworth County. The facts are stated in the opinion and in the report of the former appeal. 67 "Wis. 668. Upon the second trial the plaintiff had a verdict for $7,600, and from the judgment entered thereon the defendant appealed. They contended, inter alia, that the defendant and its employees had the right to assume that the plaintiff would remain in his seat in the car and not attempt to jump from the train while in motion; and while pursuing their duties in the lawful and proper management of the train they were not bound to anticipate the imprudent…
1Opinion of the Court
The following opinion was filed April 17, 1888:
Orton, J.
This action is to recover damages for personal injuries to the plaintiff, caused by the alleged negligence of the defendant.- It has been twice tried, and in both instances the plaintiff recovered, and this is its second appearance in this court. The evidence was substantially the same on both trials, and the facts are very fully stated in the report of the case on the former appeal (67 Wis. 668), and therefore need not be repeated. The .negligence- charged upon the defendant in the complaint is, first, the failure of its servants in…
2Cases cited19 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Swoboda v. WardMichigan Supreme Court · 1879
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
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- Kucera v. Merrill Lumber Co.Wisconsin Supreme Court · 1895
- Lloyd v. S. S. Kresge Co.Court of Appeals of Wisconsin · 1978
- Campbell v. Model Steam LaundrySupreme Court of North Carolina · 1925
- Compty v. C. H. Starke Dredge & Dock Co.Wisconsin Supreme Court · 1906
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