McCoy v. Milwaukee Street Railway Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of MiboauTtee County. Action for personal injury. The plaintiff claims the facts to be as follows: That the plaintiff, a messenger boy, about seventeen years old, was riding on horseback along a street on which the defendant operated its street railway, when the horse slipped and fell; that the horse fell onto the plaintiff in such a way as to confine him to the ground, and very near to the defendant’s track; that one of defendant’s cars drawn…
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APPEAL from the Superior Court of MiboauTtee County. Action for personal injury. The plaintiff claims the facts to be as follows: That the plaintiff, a messenger boy, about seventeen years old, was riding on horseback along a street on which the defendant operated its street railway, when the horse slipped and fell; that the horse fell onto the plaintiff in such a way as to confine him to the ground, and very near to the defendant’s track; that one of defendant’s cars drawn by horses was coming towards the plaintiff, and distant from him about half a block, at the time when the horse fell;…
1Opinion of the CourtNewmait, J.
The first error claimed is this: The plaintiff was permitted to testily, over defendant’s objection, that he had learned no business or trade, that he had no education, and could not do office work. It was understood that this evidence was intended to bear upon the questiou of the amount of the plaintiff’s damages. An authority cited *59by the appellant on the subject, 2 Thomp. Neg. 1257, says: “ The jury, looking to all the circumstances of the case,— his former occupation, its nature, the money or other benefits derived therefrom, and the extent to which his capacity to follow that or any…
2Cases cited5 opinions
- Stewart v. City of RiponWisconsin Supreme Court · 1875
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Austin v. MoeWisconsin Supreme Court · 1887
- Murray v. ScribnerWisconsin Supreme Court · 1889
3Cited by15 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Burrus v. Nevada-California-Oregon RailwayNevada Supreme Court · 1914
- Graham v. Mattoon City Railway Co.Illinois Supreme Court · 1908
- Rost v. RobertsWisconsin Supreme Court · 1923
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
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