Spencer v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Walworth county: Fbank M. Fish, Circuit Judge. This is an action for personal injuries, and the plaintiff appeals from a judgment of nonsuit.
Read the full summary
Appeal from, a judgment of the circuit court for Walworth county: Fbank M. Fish, Circuit Judge. This is an action for personal injuries, and the plaintiff appeals from a judgment of nonsuit. It appears from the evidence that the plaintiff was a passenger upon the defendant’s railway on the 3d day of September, 1895, and was riding upon one of the defendant’s trains from the city of Chicago to a station called "Western Union Junction, in Ea-cine county, "Wisconsin, on the afternoon of that day. She was riding upon the east or right-hand side of the car, and, the day being warm, the car window…
1Opinion of the CourtWinslow, J.
It seems entirely plain that the impression of the witness Young that the train was passing a structure of some kind at the time the water came in the car was, at best, a mere conjecture, and that his further idea that such structure might have been a water tank was. a conjecture founded upon a conjecture. Yerdicts must be founded upon evidence which convinces the mind. They cannot rest on mere speculation, guess, or conjecture. Hyer v. Janesville, 101 Wis. 371. While some of the earlier cases approved the doctrine that the mere happening of an accident on a railway raised a presumption of…
2Cases cited1 opinion
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
3Cited by17 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
- Johanson v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
- Dierkes v. White Paving Co.Wisconsin Supreme Court · 1939
12 more not listed; retrieve them via the Exa API.