Secord v. Schroeder
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: Gr. N. Risjobd, Circuit Judge. Action to recover compensation for damages caused! tbe surviving wife of Joseph. Secord by reason of his death, said to have happened through actionable negligence of defendant. There was evidence, which, in a reasonable view, tended to establish the facts relied upon by plaintiff.
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Appeal from a judgment of tbe circuit court for Ashland county: Gr. N. Risjobd, Circuit Judge. Action to recover compensation for damages caused! tbe surviving wife of Joseph. Secord by reason of his death, said to have happened through actionable negligence of defendant. There was evidence, which, in a reasonable view, tended to establish the facts relied upon by plaintiff. There was no question but that the deceased, while in performance of hiá duties as an employee of defendant, came to his death at the time and place and under substantially the circumstances alleged in the complaint. He…
1Opinion of the CourtMaesi-iall, J.
It seemed best to give only a fair outline of the case except on the damage feature. We have examined all questions presented with care and are not able to perceive wherein appellant was prejudiced by any rulings complained of, except as to damages. That requires discussion, indicating the basis of the conclusion to which we have arrived.
As indicated in the statement, the most favorable view of the evidence that can be taken in respondent’s favor is that the average yearly earning capacity of deceased before he died did not exceed $150. It is quite a stretch of judgment to assume, reasonably,…
2Cases cited1 opinion
- Rudiger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
3Cited by11 opinions
- Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
- Murphy v. National Ice Cream Co.California Court of Appeal · 1931
- Bartlebaugh v. Pennsylvania Ry. Co.Ohio Court of Appeals · 1948
- Leh v. DyerMissouri Court of Appeals · 1982
- Borland v. Pacific Meat & Packing Co.Washington Supreme Court · 1929
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