Kowalke v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. On October 26, 1896, plaintiff was injured by jumping from defendant’s street car in an emergency, so -as to make-its liability for injuries probable. On the day following, the plaintiff’s husband applied to defendant for settlement of the damage, stating that she was pregnant.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. On October 26, 1896, plaintiff was injured by jumping from defendant’s street car in an emergency, so -as to make-its liability for injuries probable. On the day following, the plaintiff’s husband applied to defendant for settlement of the damage, stating that she was pregnant. Accordingly, the defendant’s surgeon secured the attendance of her family physician, who made a cursory examination, which disclosed only slight bruises, and soreness naturally resulting therefrom. They also learned that she…
1Opinion of the CourtDodge, J.
The circuit court’s finding of entire absence of anything like fraud perpetrated by the defendant or its representative upon the plaintiff is certainly not antagonized by the preponderance of the evidence. Indeed, the conduct of the defendant’s physician seems to have been in accordance with the most scrupulous rules of professional and contractual ethics. He refrained from visiting the plaintiff for examination until he had secured, at the company’s expense, the attendance of her regular physician. He at no time assumed to treat her, or intrude upon the relations between her and her…
2Cases cited11 opinions
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