Duffy v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This action was here on a former appeal, and was remanded to the circuit court for trial: 82 Wis., 269. By reference to the report, it will be seen that it was brought to recover for personal injuries received by the plaintiff in consequence of the alleged negligence of the servants and employees of the defendant in running a locomotive and train of cars.
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APPEAL from the Circuit Court for Dodge County. This action was here on a former appeal, and was remanded to the circuit court for trial: 82 Wis., 269. By reference to the report, it will be seen that it was brought to recover for personal injuries received by the plaintiff in consequence of the alleged negligence of the servants and employees of the defendant in running a locomotive and train of cars. The cause was subsequently tried in the circuit court, and the trial resulted in a verdict for the plaintiff for $1,600 damages. At the same term, on motion of the defendant, the court set…
1Opinion of the Court
Lyon, J".
I. The learned counsel for the defendant has submitted to the court an argument, based upon the assumption that the bill of exceptions does not show whether the motion for a new trial was made upon the minutes of the court, or upon a ease, or for newly discovered evidence, in which he contends that the circuit court may have had before it the most ample and convincing proofs, outside of the testimony contained in the bill of exceptions, to sustain its ruling.
Admitting his premises to be correct, it would not be difficult to show from this record that the bill of exceptions does…
2Cases cited4 opinions
- Patter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
- Karasich v. HasbrouckWisconsin Supreme Court · 1871
- Goodno v. City of OshkoshWisconsin Supreme Court · 1871
3Cited by12 opinions
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Stewart v. City of RiponWisconsin Supreme Court · 1875
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- McLimans v. City of LancasterWisconsin Supreme Court · 1883
- Hiroux v. BaumWisconsin Supreme Court · 1908
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