Klotz v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee-county: OkeeN T. Williamis, Circuit Judge. This action was brought to recover for personal injuries. Tbe negligence charged is tbat tbe motorman so unskilfully and negligently managed tbe car of tbe defendant as to strike' tbe rear wheel of tbe vehicle in which tbe plaintiff was driving, throwing her forward upon tbe dashboard and thereby causing-tbe injury. Tbe answer is substantially a general denial.
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Appeal from a judgment of tbe circuit court for Milwaukee-county: OkeeN T. Williamis, Circuit Judge. This action was brought to recover for personal injuries. Tbe negligence charged is tbat tbe motorman so unskilfully and negligently managed tbe car of tbe defendant as to strike' tbe rear wheel of tbe vehicle in which tbe plaintiff was driving, throwing her forward upon tbe dashboard and thereby causing-tbe injury. Tbe answer is substantially a general denial. Tbe issues involved are tbe negligence of tbe defendant, contributory negligence of tbe plaintiff, and tbe amount of damages. At tbe…
1Opinion of the CourtNeewiN, J.
An order directing a verdict cannot be reviewed in the absence of an exception to such order. Miller v. Kenosha E. R. Co. 135 Wis. 68, 71, 115 N. W. 355; Beebe v. M., St. P. & S. S. M. R. Co. 137 Wis. 269, 118 N. W. 108; Holum v. C., M. & St. P. R. Co. 80 Wis. 299, 50 N. W. 99. That is the only order attempted to be reviewed here. No exception was filed in the instant case until after trial, and such exception is not sufficient. Jenks v. State, 17 Wis. 665; Firmeis v. State, 61 Wis. 140, 20 N. W. 663; Adams v. McKay, 63 Wis. 404, 23 N. W. 575. It follows that we cannot review the order…
2Cases cited6 opinions
- Holum v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
- Firmeis v. StateWisconsin Supreme Court · 1884
- Jenks v. StateWisconsin Supreme Court · 1864
- Beebe v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1908
- Adams v. McKayWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bailey v. Security Ins.Oregon Supreme Court · 1921
- Barnum v. Chamberlain Land & Loan Co.South Dakota Supreme Court · 1914