Zahn v. Milwaukee & Superior Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Action under sec. 1816, Stats. 1898, to recover damages for personal injuries claimed to have been sustained by plaintiff while in the discharge of his duties as brakeman for defendant. The accident occurred a little after noon on ISTovember 3, 1899. The plaintiff was engaged in coupling cars»on a side track in the yard at North Lake station.
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Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Action under sec. 1816, Stats. 1898, to recover damages for personal injuries claimed to have been sustained by plaintiff while in the discharge of his duties as brakeman for defendant. The accident occurred a little after noon on ISTovember 3, 1899. The plaintiff was engaged in coupling cars»on a side track in the yard at North Lake station. The negligence alleged is that the fireman, who was in charge of the engine while the engineer was at dinner, backed the engine, with several cars attached,…
1Opinion of the CourtBaedeeN, J.
Tbe plaintiff argues that, inasmuch as there was no motion for a new trial, tbe only question to be considered is whether there is any evidence to support tbe findings challenged. So far as relates to a decision of tbe question raised by tbe denial of tbe motion for a nonsuit, many of tbe cases say that, in absence of a motion for a new trial, tbe court will not review tbe evidence. Tbe rule in this regard is sufficiently stated in Guetzkow v. Smith, 105 Wis. 94, 80 N. W. 1109. It rests upon tbe fact that evidence may bave been admitted before tbe close of tbe trial sufficient to *41warrant a…
2Cases cited8 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Plankinton v. GormanWisconsin Supreme Court · 1896
- McGinn v. FrenchWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McNamer v. American Insurance Co.Wisconsin Supreme Court · 1954
- Lawless v. StateWisconsin Supreme Court · 1902
- Beebe v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1908
- Upthegrove v. Jones & Adams Coal Co.Wisconsin Supreme Court · 1903