Gillen v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: Chas. Y. BabdeeN, Circuit Judge. The action is brought to recover damages for the alleged wrongful ejectment of plaintiff’s decedent from defendant’s train. Frank Gillen, on July 11,'1893, boarded one of defendant’s accommodation trains, at Cavour. ITe paid the regular fare from Cavour to Pembine, to the conductor, on the train. The conductor gave him no ticket or other evidence that he had paid his fare.
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Appeal from a judgment of the circuit court for Oneida county: Chas. Y. BabdeeN, Circuit Judge. The action is brought to recover damages for the alleged wrongful ejectment of plaintiff’s decedent from defendant’s train. Frank Gillen, on July 11,'1893, boarded one of defendant’s accommodation trains, at Cavour. ITe paid the regular fare from Cavour to Pembine, to the conductor, on the train. The conductor gave him no ticket or other evidence that he had paid his fare. At the station at Armstrong Creek, and before reaching Pembine, the train upon which ■Cilleu was was delayed and put upon a…
1Opinion of the CourtNewhaN, J.
It does not appear that any substantial error occurred -in the progress of the trial. There was little to be considered by the jury besides the assessment of the plaintiff’s damages. It was not a case for exemplary' damages, but for compensatory damages only. So the trial court advised the jury. Yet the jury assessed the damages at a sum so evidently and largely disproportionate to the injury actually sustained that the trial judge promptly required one half to be remitted as the condition upon which the verdict should be permitted to stand. The judge might well have set aside the-verdict…
2Cases cited8 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Standard Oil Co. v. TierneyCourt of Appeals of Kentucky · 1891
- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Heimlich v. TaborWisconsin Supreme Court · 1905
- Lines v. City of MilwaukeeWisconsin Supreme Court · 1911
- Donovan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.