Heer v. Warren-Scharf Asphalt Paving Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie superior court of. Milwaukee county: J. C. Ludwig, Judge. Action for personal injuries suffered as the result of tke runaway of tke korse of plaintiff’s decedent, Damian ILeer, wko was tke original plaintiff, and died after judgment. He will kereinafter be referred to as plaintiff.
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Appeal from a judgment of tlie superior court of. Milwaukee county: J. C. Ludwig, Judge. Action for personal injuries suffered as the result of tke runaway of tke korse of plaintiff’s decedent, Damian ILeer, wko was tke original plaintiff, and died after judgment. He will kereinafter be referred to as plaintiff. Tke runaway is claimed to have keen caused by tke negligence of defendant’s employee in suddenly starting its steam roller into operation as tke plaintiff was driving past it. Tke evidence tended to disclose tkat Grand avenue, in Milwaukee, between Nintk and Tentk streets, is a double…
1ConcurrenceMarshall, J.
I concur in the decision except as to the assignment of error respecting the establishment of loss of business profits to enable the jury to determine the element of damages chargeable to diminished earning capacity. In my judgment such decision is contrary to the great weight of authority, contrary to the rule of this court as it has stood for about a quarter of a century and been one of the chief guides of courts and text-writers, and the conclusion was reached by unsound reasoning and a misconception of the authorities cited in support thereof. If I fail to demonstrate all that, my dissent…
2Cases cited36 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Deery v. CraySupreme Court of the United States · 1867
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
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