Legal Opinion

Hilton v. Hayes

Wisconsin Supreme Court

Decided May 31, 1913PublishedCited by 5 opinions

Appeal from a judgment of tbe circuit court for Rock county; Geoege Grimm, Circuit Judge. Personal injuries. Tbe plaintiff, a man tbirty-eight years of age, was injured while attempting to leave a passenger elevator in defendants’ four-story office building in Janes-ville on tbe 30tb day of March, 1911. It appears that tbe plaintiff entered tbe car on tbe fourth floor of tbe building and that Mr. Chas. E. Pierce and Miss Janet Phillips entered tbe car at tbe same time.

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Appeal from a judgment of tbe circuit court for Rock county; Geoege Grimm, Circuit Judge. Personal injuries. Tbe plaintiff, a man tbirty-eight years of age, was injured while attempting to leave a passenger elevator in defendants’ four-story office building in Janes-ville on tbe 30tb day of March, 1911. It appears that tbe plaintiff entered tbe car on tbe fourth floor of tbe building and that Mr. Chas. E. Pierce and Miss Janet Phillips entered tbe car at tbe same time. Tbe elevator boy was tbe only other occupant of tbe car. As it reached tbe second floor tbe boy stopped tbe car on signal…

1Opinion of the CourtWiNslow, C. J.

If the jury’s conclusion that the plaintiff was guilty of contributory negligence was reached without prejudicial error the judgment must be affirmed. The contentions which are deemed of sufficient importance to require treatment will be taken up in their order:

1. Plaintiff offered to show that some time after the accident he had a conversation with Dennis Hayes, one of the defendants, in the course of which Dennis said to him, after inquiring as to his condition, “Well, you were hurt here and entitled to damages, and I would like to see you get them,” to which plaintiff replied, “Then you…

2Cases cited3 opinions

  1. Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  2. Binewicz v. HaglinSupreme Court of Minnesota · 1908
  3. Shaddock v. Town of CliftonWisconsin Supreme Court · 1867

3Cited by5 opinions

  1. Gelhaar v. StateWisconsin Supreme Court · 1969
  2. State v. MajorWisconsin Supreme Court · 1956
  3. Zigler v. KinneyWisconsin Supreme Court · 1947
  4. Berkowitz v. SimoneSupreme Court of Rhode Island · 1963
  5. State v. EwingCourt of Appeals of Wisconsin · 2005

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