Legal Opinion

Nicoud v. Wagner

Wisconsin Supreme Court

Decided February 27, 1900PublishedCited by 10 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig-, Judge. Action for personal injuries. Plaintiff, while working for tbe. defendant in a structural iron works, was struck and severely injured by tbe end of a heavy iron beam, suspended several feet from the floor of the factory by a chain attached to a traveling crane, operated by fellow-servants to raise the beam to a sufficient height to enable them to move it to an overhead track running at…

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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig-, Judge. Action for personal injuries. Plaintiff, while working for tbe. defendant in a structural iron works, was struck and severely injured by tbe end of a heavy iron beam, suspended several feet from the floor of the factory by a chain attached to a traveling crane, operated by fellow-servants to raise the beam to a sufficient height to enable them to move it to an overhead track running at right angles to that on which the crane was located, there to be moved by another appliance, called an “ air hoist,” to…

1Opinion of the Court

MAR.R7TAT.T., J.

The most important question presented on this appeal was raised below by the motion of defendant’s counsel for a verdict in his favor for want of evidence to show that the crane in use at the time of the accident was defective, or that the injury complained of was caused by any such defect or any negligence on the part of the defendant. The same question was raised by a proper motion after verdict.

The rule is elementary that, on appeal, a judgment cannot be reversed for want of evidence to support the verdict on which it is based, unless it clearly appears that there is no…

2Cases cited9 opinions

  1. Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
  2. Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
  3. Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
  4. Flaherty v. HarrisonWisconsin Supreme Court · 1898
  5. Lewis v. PrienWisconsin Supreme Court · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
  2. Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
  3. Bohn v. City of RacineWisconsin Supreme Court · 1903
  4. Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
  5. Rogers v. BrownWisconsin Supreme Court · 1910

5 more not listed; retrieve them via the Exa API.

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