Bohan v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for OzwuJcee County. Action to recover damages for personal injuries alleged to-have been caused by the negligence of the defendant company. The railway of the defendant from Milwaukee- passes-north through the west portion of the city of Port Washington, crossing a highway leading into the city from the- west.
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APPEAL from the Circuit Court for OzwuJcee County. Action to recover damages for personal injuries alleged to-have been caused by the negligence of the defendant company. The railway of the defendant from Milwaukee- passes-north through the west portion of the city of Port Washington, crossing a highway leading into the city from the- west. The depot of the company in Port "Washington is located on the east side of the railway, a short distance north, of the-highway, and the depot platform extends south to the highway. On the evening of June 5, 1882, the plaintiff, who resides west of the…
1Opinion of the CourtLyon, J.
We agree with the learned counsel for the defendant that no question of judicial discretion is here involved. The only question presented by this appeal is, Was or was not the nonsuit properly granted ? If it was, the order setting it aside and granting a new trial is erroneous and should he reversed; if it was not, the order should be affirmed. Unless it was conclusive^7 proved, either that the defendant was not guilty of any negligence which caused the injury complained of, of that the plaintiff himself was guilty of negligence which contributed thereto, the nonsuit should not have been…
2Cited by8 opinions
- Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Johnson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1886
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Bohan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1884
- Evans v. Denver & R. G. W. R. R. Co.Utah Supreme Court · 1929
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