Schrier v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the death of the plaintiff’s intestate (his son), a boy about eighteen months old, alleged to have been caused by the failure of the defendant company to fence its track at the place where the accident happened. At the close of the plaintiff’s testimony a motion for a nonsuit was denied. The defendant introduced no evidence.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the death of the plaintiff’s intestate (his son), a boy about eighteen months old, alleged to have been caused by the failure of the defendant company to fence its track at the place where the accident happened. At the close of the plaintiff’s testimony a motion for a nonsuit was denied. The defendant introduced no evidence. There was a verdict for the plaintiff assessing his damages at $2,000, and. from the judgment entered thereon the defendant appealed. contended, inter alia, that the plaintiff had failed to…
1Opinion of the Court
Cole, O. J".
The circuit judge, under sec. 2426, R. S., appointed an extra jury term of the circuit court of Winnebago county, for the first Tuesday of September, 1885, at which term this cause was called for trial. The counsel for the defendant objected to striking a jury, and to the trial of the cause at that term, because it was not a lawful, term for the trial of jury causes. The objection was overruled, and an exception taken which is relied on here for a reversal of the judgment. The precise ground of the objection is: As ch. 134, Laws of 1885, appoints special terms of the circuit court…
2Cases cited3 opinions
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1885
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
3Cited by7 opinions
- Russell v. Windsor Steamboat Co.Supreme Court of North Carolina · 1900
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Ulicke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Swanson v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1953
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