LeBeau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. QuiNLAN, Circuit Judge. The action was for damages claimed to have been caused plaintiff by negligence of defendant in carrying her, while a passenger on one of its trains, beyond her destination.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. QuiNLAN, Circuit Judge. The action was for damages claimed to have been caused plaintiff by negligence of defendant in carrying her, while a passenger on one of its trains, beyond her destination. The claim of plaintiff was that January 1, 1915, she was on defendant’s train with a ticket entitling her to travel thereon from Goodman, Wisconsin, to Gladstone, Michigan; that the train was scheduled to arrive there at 5:30 a. m.; that the conductor took her ticket and placed a check in the window at her seat, indicating the…
1Opinion of the Court
Maeshau,, J.
It will be seen that judgment on the verdict as rendered was denied upon the ground of there being *34no proximate relation between the damages to plaintiff by reason of her walking from Masonville to Gladstone, and tbe negligent act of respondent. Did the court err in that regard ? That is the question we have to deal with.
We must distinguish between proximate relation from the point of view of respondent when the wrong was committed, and such relation in respect to resulting damages. In the former there must be, at the instant of the wrong, the element that the wrongdoer, in the…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Indianapolis, Bloomington & Western Ry. Co. v. BirneyIllinois Supreme Court · 1874
- Texas & Pacific Railway Co. v. ColeTexas Supreme Court · 1886
- Carter v. Southern Ry.Supreme Court of South Carolina · 1906
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3Cited by7 opinions
- Koehler v. Waukesha Milk Co.Wisconsin Supreme Court · 1926
- Jones v. Pittsburgh Plate Glass Co.Wisconsin Supreme Court · 1945
- Lehner v. KelleyWisconsin Supreme Court · 1934
- Garland v. Carolina, Clinchfield & Ohio Railway Co.Supreme Court of North Carolina · 1916
- Fenlon v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1918
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