Cawley v. La Crosse City Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse 'county: O. B. Wxmax, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by the negligence of defendant’s employees. The negligence complained of was running an electric car at a rapid rate, without ringing any bell or giving any warning of its approach.
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Appeal from a judgment of the circuit court for La Crosse 'county: O. B. Wxmax, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by the negligence of defendant’s employees. The negligence complained of was running an electric car at a rapid rate, without ringing any bell or giving any warning of its approach. At the close of plaintiff’s case there was a motion fora nonsuit on the ground that the evidence in her behalf failed to show actionable negligence and did show that plaintiff carelessly placed herself in the place of danger where she was…
1Opinion of the CourtMaRshall, J.
The sole question involved on the various assignments of error which we deem necessary to consider is, Was there evidence, under the most favorable view that can be reasonably taken of it, to warrant a verdict for the plaintiff ? If there was not, and that situation was apparent at the close of plaintiff’s case, the court erred in denying the motion for a nonsuit. If such was the situation at the close of the evidence on both sides, the motion for the direction of a verdict should have been granted, and the errors in denying the two previous motions of course were repeated in failing to set…
2Cases cited14 opinions
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Everett v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1896
- Henderson v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
- Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
43 more not listed; retrieve them via the Exa API.