Cooper v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. Ray Stevests, Circuit Judge. The respondent David J. Marshall died this appeal pending, and Frank Cooper, his administrator, is substituted as respondent. David J. Marshall brought this action to recover for the loss of services of his wife and the reasonable value of his own services in caring for and nursing her, doctors’ bill and hospital expenses, etc.
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Appeal from a judgment of the circuit court for Sauk county: E. Ray Stevests, Circuit Judge. The respondent David J. Marshall died this appeal pending, and Frank Cooper, his administrator, is substituted as respondent. David J. Marshall brought this action to recover for the loss of services of his wife and the reasonable value of his own services in caring for and nursing her, doctors’ bill and hospital expenses, etc. The learned circuit judge instructed the jury at the close of the evidence that the plaintiff based his right to recover upon three alleged grounds of negligence:- (1) that the…
1Opinion of the CourtTimlin, J.
Tbe foregoing statement of facts seems to be sufficient to present all tbe questions properly before us on this appeal.(1) Tbe respondent, relying upon International T. R. Co. v. Samer, 151 Wis. 570, 139 N. W. 315; Kozik v. Czapiewski, 136 Wis. 70, 116 N. W. 640, and other cases in this court, contends that upon appeal from a judgment', as *617here, tbis court cannot consider tbe sufficiency of tbe evidence to support tbe verdict where tbe motion' for a new trial is made after judgment, and that in sucb ease tbe question should be presented by appeal from tbe order denying a new trial. In a case…
2Cases cited9 opinions
- United States v. RossSupreme Court of the United States · 1876
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Thompson v. Johnston Bros.Wisconsin Supreme Court · 1893
- Grottkau v. StateWisconsin Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Umnus v. Wisconsin Public Service Corp.Wisconsin Supreme Court · 1952
- Bank of America National Trust and Savings Association and Robert G. Litolff v. William HaydenCourt of Appeals for the Ninth Circuit · 1956
- Innes v. HayWyoming Supreme Court · 1922
- State v. WylieSupreme Court of Minnesota · 1922
- Baker v. BrackerWisconsin Supreme Court · 1968
1 more not listed; retrieve them via the Exa API.