Will v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action by Bertha Will, as administratrix of the estate of Herman Will, to recover from the Milwaukee Electric Railway & Light Company and Fred Beguhl damages for the death of Herman Will, her husband. The death of Will, it is claimed, resulted from injuries inflicted by Fred Beguhl, a motorman for defendant corporation.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action by Bertha Will, as administratrix of the estate of Herman Will, to recover from the Milwaukee Electric Railway & Light Company and Fred Beguhl damages for the death of Herman Will, her husband. The death of Will, it is claimed, resulted from injuries inflicted by Fred Beguhl, a motorman for defendant corporation. On December 24, 1915, Herman Will was a passenger on a street car belonging to the defendant corporation and run by Fred Beguhl as motorman. The route of the car in…
1Opinion of the CourtSiebecker, J.
The question presented under the facts and circumstances given in detail in the foregoing statement is: Did the relationship of passenger and carrier exist at the time the assault commenced ? There is no evidence fending to show that the defendant company either authorized or ratified the assault. The controversy in this case is involved with the operation of an ordinary surface street railroad. The rules governing the liability of railroad companies for assaults by employees on passengers do not.in their entirety apply to surface street railroads because “it is a general rule in such cases…
2Cases cited3 opinions
- Wise v. Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1891
- Blomsness v. Puget Sound Electric RailwayWashington Supreme Court · 1907
- Robertson v. West Jersey & Seashore RailroadSupreme Court of New Jersey · 1909
3Cited by1 opinion
- Zalewski v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935