Legal Opinion · Dissent

Lomoe v. Superior Water, Light & Power Co.

Wisconsin Supreme Court

Decided October 3, 1911Published

Appeal from a judgment of the circuit court for Douglas county: Eeauk A. Ross, Circuit Judge. This is an appeal from a judgment for damages in an action by plaintiff as administrator for the death’of his son, alleged to have been caused by the negligence of the defendant.

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Appeal from a judgment of the circuit court for Douglas county: Eeauk A. Ross, Circuit Judge. This is an appeal from a judgment for damages in an action by plaintiff as administrator for the death’of his son, alleged to have been caused by the negligence of the defendant. The negligence charged is the maintenance of defendant’s wires, carrying large and powerful currents of electricity, so that said wires were resting upon and in contact with other wires located upon a shorter pole than the pole of the defendant standing at tbe corner of Hennepin avenue and Third street at Itasca station,…

1Dissent

MaRshalx, T.

(dissenting). I disagree with my brethren only on whether the judgment is fatally excessive. To my mind that should be answered, very emphatically, in the affirmative. Much of what I said in my opinion in Ludvigson v. Superior S. B. Co., post, p. 34, 132 N. W. 621, applies to this case, but with added force because we have here the decision of the circuit judge that the verdict of the jury was fatally excessive. Doubtless it was not thought that it was charac-. terized by passion or prejudice or any element of dishonesty, but was characterized by mistake of law, and perhaps of…

2Cases cited9 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  3. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
  4. Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
  5. Thompson v. Johnston Bros.Wisconsin Supreme Court · 1893

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