Legal Opinion

Zimmer v. Fox River Valley Electric Railway Co.

Wisconsin Supreme Court

Decided July 3, 1903PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Outa-gamie county: JohN Goodland, Circuit Judge. This is an action to recover damages for injury sustained by falling from a street car while riding thereon as a passenger for hire. The defendant answered by way of admissions, denials, and counter allegations.

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Appeal from a judgment of the circuit court for Outa-gamie county: JohN Goodland, Circuit Judge. This is an action to recover damages for injury sustained by falling from a street car while riding thereon as a passenger for hire. The defendant answered by way of admissions, denials, and counter allegations. At the close of the trial the court found, by consent of counsel, that the plaintiff was injured by falling from a street car at the time and place described in the complaint, and the jury returned a special verdict to the effect (2) that such injury to the plaintiff was caused by the…

1Opinion of the CourtCassoday, C. J.

It appears that the plaintiff got onto the defendant’s street car while standing on Main street, opposite the Menasha Bank, in the city of Menasha, August 6, 1899. The track at that point ran in a northeasterly and *616southwesterly direction. At a point 214 feet northeast of the place where the plaintiff got onto the car the track began to turn, and finally went directly east. While rounding the curve, the plaintiff fell off the car and was injured.

1. It is claimed that the case should have been taken from the jury for the reason that the evidence is insufficient to sustain a finding of…

2Cases cited19 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Mauch v. City of HartfordWisconsin Supreme Court · 1901
  3. Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
  4. Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
  5. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Olwell v. SkobisWisconsin Supreme Court · 1905
  2. Zentner v. Oshkosh Gas Light Co.Wisconsin Supreme Court · 1905
  3. Kersten v. WeichmanWisconsin Supreme Court · 1908
  4. Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
  5. Anderson v. SparksWisconsin Supreme Court · 1910

4 more not listed; retrieve them via the Exa API.

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