Schmidt v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe County Court of Mil/waulcee County. The plaintiff brought this action by his guardian ad litem, to recover for injuries to his person, in consequence of his being run over by a train on the defendant’s track. The grounds of complaint and defense will sufficiently appear from the opinion.
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APPEAL from tbe County Court of Mil/waulcee County. The plaintiff brought this action by his guardian ad litem, to recover for injuries to his person, in consequence of his being run over by a train on the defendant’s track. The grounds of complaint and defense will sufficiently appear from the opinion. Yerdict for the plaintiff for $8,000; a motion for a new trial (on the grounds of error in the refusal of the court to nonsuit the plaintiff, erroneous instructions, verdict contrary to law and the evidence, and excessive damages) was denied ; and the defendant appealed from a judgment on the…
1Opinion of the CourtCole, J.
The jury must have found, under the instructions of the court, that the parents of the child were free from fault or negligence in allowing the infant to stray upon the railroad track. For the court specifically instructed the 'jury, that if they found from the evidence that the injury to the plaintiff was caused by the neglect of the defendant or its agents, while the parents of the plaintiff were in the exercise of ordinary care in guarding the plaintiff, then they should find for the plaintiff. The same proposition is substantially embraced in other parts of the charge — that if the…
2Cases cited2 opinions
- Wakefield v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1864
- Blair v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1866
3Cited by24 opinions
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
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