Dewey v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal- from a judgment of the circuit court for Columbia county: R. G-. Siebeckee, Circuit Judge. Action to recover for personal injuries.
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Appeal- from a judgment of the circuit court for Columbia county: R. G-. Siebeckee, Circuit Judge. Action to recover for personal injuries. The complaint states that as plaintiff was traveling on Adams street in the city of Portage, in a buggy drawn -by a single horse, approaching defendant’s railway track at a point where it intersects or crosses such street, one of defendant’s locomotives, in charge of its servants, passed over the crossing, and, after going a short distance beyond it, was brought to a ■stop; that just as the horse was about to cross the railway track, proceeding quietly…
1Opinion of the CourtMarshall, J.
This case is ruled by the well-settled principle that where the trial court decides that there is no evidence which will support a verdict in plaintiff’s favor, and grants a nonsuit or directs a verdict accordingly, the decision cannot be disturbed on appeal unless the record shows that it was clearly wrong. Powell v. Ashland I. & S. Co. 98 Wis. 85.
It appears that the way on which plaintiff was driving when injured was clear as the horse approached the railway track; that the engine was in plain sight some distance from the line of travel, and was about to move westward, away from the…
2Cases cited3 opinions
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Abbot v. KalbusWisconsin Supreme Court · 1889
- Cahoon v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
3Cited by9 opinions
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Southern Railway Co. v. FlyntCourt of Appeals of Georgia · 1907
- Powalske v. Cream City Brick Co.Wisconsin Supreme Court · 1901
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.