Hart v. West Side Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that the plaintiff is an infant a.nd brings this action by his guardian duly appointed as such; that the defendant is a corporation, duly organized and engaged in the carrying of passengers for hire in the public streets of Milwaukee on cars propelled by electricity, and was doing so January 21, 1892, on Grand avenue, Eleventh and Wells streets; that the car in question was on that day…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that the plaintiff is an infant a.nd brings this action by his guardian duly appointed as such; that the defendant is a corporation, duly organized and engaged in the carrying of passengers for hire in the public streets of Milwaukee on cars propelled by electricity, and was doing so January 21, 1892, on Grand avenue, Eleventh and Wells streets; that the car in question was on that day provided with but one gate for the front platform thereof, and that on the inner or right hand side of said platform there…
1Opinion of the CourtCassoday, J.
There is no bill of exceptions. This being so, the questions presented must be determined upon the pleadings, the special verdict, orders, and judgment mentioned in the foregoing statement. It is contended, in effect, that the gravamen of the complaint is the negligence of the defendant; that the same is put in issue by the answer ; and that such issue has not been determined by the special verdict, and hence that the verdict is defective. Undoubtedly a special verdict is defective which fails to determine all the material and controverted facts put in issue by the pleadings. It is equally…
2Cases cited10 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Kaples v. OrthWisconsin Supreme Court · 1884
- Hoth v. PetersWisconsin Supreme Court · 1882
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Murphey v. WeilWisconsin Supreme Court · 1894
- Kohler v. West Side Railroad Co.Wisconsin Supreme Court · 1898
- Metcalf v. City of WatertownCourt of Appeals for the Seventh Circuit · 1895
- Farley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1895
- McDermott v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.