Strohn v. Detroit & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for damages accruing to the plaintiffs from a failure of defendant to carry goods of the plaintiffs from Milwaukee to New York, and deliver them at the latter city within fifteen days, as it is alleged that defendant contracted to do ; also for damages resulting from alleged improper handling, etc.
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APPEAL from the County Court of Milwaukee County. Action for damages accruing to the plaintiffs from a failure of defendant to carry goods of the plaintiffs from Milwaukee to New York, and deliver them at the latter city within fifteen days, as it is alleged that defendant contracted to do ; also for damages resulting from alleged improper handling, etc. The decision of this court, on a former appeal in the same cause, will be found in 21. Wis. 554-62, to which reference is made. On the trial, testimony offered by defendant as to the absence of authority on the part of its agent in Milwaukee…
1Opinion of the CourtCole, J.
The first point made by the counsel for the appellant is, that the judgment of the county court should be reversed for certain matters contained in the general charge. It is said that the charge is intemperate in its language, partisan in its spirit, and well calculated to prejudice the defendant’s cause in the minds of the jury. It appears to us that some of the remarks of the county judge, if not marked by a spirit of partiality amounting to prejudice, were certainly calculated to exert an impiopei influence upon the finding of the jury, and, were proper exceptions taken to them, would…
2Cases cited2 opinions
- Chamberlain v. . PrattNew York Court of Appeals · 1865
- Gilman v. ThiessWisconsin Supreme Court · 1864
3Cited by9 opinions
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Atlantic Coast Line Railroad v. WellsSupreme Court of Georgia · 1908
- Blodgett v. AbbotWisconsin Supreme Court · 1888
- Atchison, T. & S. F. Ry. Co. v. McCluskeySupreme Court of Oklahoma · 1912
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