Legal Opinion

Dehsoy v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided April 30, 1901PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Racine county: Ebask; M. Fish, Circuit Judge. On the 10th day of December, 1899, the plaintiff attempted to board one of defendant’s cars at a crossing in the city of Racine. As he had placed his right foot upon the step and seized the handrail with- his right hand, the car was suddenly started, and the plaintiff thrown violently to the ground and injured.

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Appeal from a judgment of the circuit court for Racine county: Ebask; M. Fish, Circuit Judge. On the 10th day of December, 1899, the plaintiff attempted to board one of defendant’s cars at a crossing in the city of Racine. As he had placed his right foot upon the step and seized the handrail with- his right hand, the car was suddenly started, and the plaintiff thrown violently to the ground and injured. Some of these facts were in dispute, but the finding of the jury thereon is not assailed as unsupported by the evidence. A special verdict was had, wherein the defendant was found to be…

1Opinion of the CourtDodge, J.

The only error which will require discussion is that assigned to the charge of the court in instructing the jury as to the meaning of the term “ proximate cause.” That instruction was as follows:

“Generally speaking, as the term proximate cause is used in this question, it means the efficient or inducing cause, the cause acting directly and producing the injury, or what sets in motion other causes producing such injury, there being an intimate and close casual relation between the first cause and the final result. In either case such producing cause is held to reach to the injury, and to be,…

2Cases cited4 opinions

  1. Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
  2. Nass v. SchulzWisconsin Supreme Court · 1899
  3. Wills v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1900
  4. Hudson v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1900

3Cited by13 opinions

  1. Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
  2. Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
  3. Bloom v. KruegerWisconsin Supreme Court · 1923
  4. Jensen v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
  5. Pumorlo v. City of MerrillWisconsin Supreme Court · 1905

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