Legal Opinion

Baltzer v. Chicago, Madison & Northern Railroad

Wisconsin Supreme Court

Decided February 5, 1895PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Green-county: John R. Bennett, Circuit Judge. Action to recover damages for personal injuries sustained: - by plaintiff while working as a brakeman in the employ, of: the defendant, and alleged to have been caused by the negligence of the defendant and its servants.

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Appeal from a judgment of the circuit court for Green-county: John R. Bennett, Circuit Judge. Action to recover damages for personal injuries sustained: - by plaintiff while working as a brakeman in the employ, of: the defendant, and alleged to have been caused by the negligence of the defendant and its servants. The facts are stated in the opinion and in the report of a former appeal, 83 Wis. 459. There was a verdict for the plaintiff, assessing-bis damages at $10,000. From tbe judgment tbereon tbe defendant appealed. They contended, mt&r alia, that plaintiff’s own testimony shows that be…

1Opinion of the Court

Tbe following opinion was filed October 23, 1894:

OktoN, C. J.

Tbe testimony in tbis case is not materially different from tbat on tbe first trial, and tbe facts were fully stated on tbe former appeal, in 83 Wis. 459. On tbe last trial tbe jury found a verdict for tbe plaintiff, and assessed bis damages at $10,000. Tbe learned counsel of tbe appellant, in tbeir brief, assign as errors (1) tbat tbe engineer, in tbe management of bis engine, was not negligent; (2) tbat tbe plaintiff’s negligence' contributed to bis injury; (3) tbat tbe court erred in putting questions, and in its rulings at tbe…

2Cases cited1 opinion

  1. Baltzer v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1892

3Cited by10 opinions

  1. McDonald v. Michigan Central RailroadMichigan Supreme Court · 1895
  2. City Deposit Bank v. GreenSupreme Court of Iowa · 1908
  3. Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
  4. Rueping v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1903
  5. Walker v. Simmons Manufacturing Co.Wisconsin Supreme Court · 1907

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