Marcott v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mari-nette county: S. D. HastiNgs, Circuit Judge. Tbe complaint alleges, in substance, that on tbe 12tb day of May, 1906, plaintiff was at tbe city of Minneapolis, Minnesota, and, being desirous of returning to bis then home in Escanaba, Michigan, be purchased of defendant a passenger ticket, good for transportation over defendant’s line of road between said points, and be also purchased of tbe defendant a sleeping-car ticket…
Read the full summary
Appeal from a judgment of tbe circuit court for Mari-nette county: S. D. HastiNgs, Circuit Judge. Tbe complaint alleges, in substance, that on tbe 12tb day of May, 1906, plaintiff was at tbe city of Minneapolis, Minnesota, and, being desirous of returning to bis then home in Escanaba, Michigan, be purchased of defendant a passenger ticket, good for transportation over defendant’s line of road between said points, and be also purchased of tbe defendant a sleeping-car ticket entitling him to a berth in a sleeping car then operated by it between Minneapolis and Escanaba; that be boarded…
1Opinion of the CourtViNJE, J.
The evidence necessarily took a wide range and is quite voluminous. The questions, however, calling for a decision upon appeal lie within a narrow compass. The first one is, Was plaintiff entitled to judgment upon the verdict returned by the jury? They found that plaintiff contracted pneumonia upon the train by becoming chilled owing to the cold and damp condition of the atmosphere in the car; that the condition of the atmosphere was such as to render it dangerous for healthy persons to sleep in it protected as passengers were in their berths. But they further found that a man of ordinary…
2Cases cited1 opinion
- Green v. Ashland Water Co.Wisconsin Supreme Court · 1898
3Cited by10 opinions
- Hamus v. WeberWisconsin Supreme Court · 1929
- Zoccolillo v. Oregon Short Line R.Utah Supreme Court · 1918
- Silver v. New York Central RailroadMassachusetts Supreme Judicial Court · 1952
- Brossard v. Morgan Co.Wisconsin Supreme Court · 1912
- Lansing v. John Strange Paper Co.Wisconsin Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.