Rueping v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit .court for Fond du Lac county: Michael KibwaN, Circuit Judge. Action to recover for personal injuries.
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Appeal from a judgment of tbe circuit .court for Fond du Lac county: Michael KibwaN, Circuit Judge. Action to recover for personal injuries. Tbe claim of tbe plaintiff was that, June 24, 1900, be was a passenger on defendant’s excursion train on tbe way from tbe city of Fond du Lac to tbe city of Green Bay in tbe state of Wisconsin; tbat tbrougb gross negligence of defendant’s servants wbo controlled tbe movement of said train it collided witb one of defendant’s freight trains, by reason whereof plaintiff was severely injured; tbat bis injuries consisted of a severe shock to tbe system, both…
1Opinion of the CourtMaeshall, J.
Tbis case from first to last was tried upon a wrong theory. Counsel for appellant was clearly right in his position that upon tbe pleadings tbe only questions for decision by tbe jury were these: (1) Are tbe plaintiff’s injuries permanent ? (2) What sum of money will compensate him for bis loss ? Those questions, with proper explanations to enable tbe jury to understand their scope and tbe legal principles governing tbe same, would have covered all tbe matters required to be solved to settle tbe controversy between tbe parties. It may be that tbe learned counsel for plaintiff really supposed…
2Cases cited26 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Embrey v. HollyCourt of Appeals of Maryland · 1982
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Johnson v. SartainHawaii Supreme Court · 1962
- Basile v. FathWisconsin Supreme Court · 1925
8 more not listed; retrieve them via the Exa API.