162 Wis. 19 | Wis. | 1916
The following opinion was filed November 16, 1915:
It is claimed that the instruction under the fifth question to the effect that the'care imposed upon defendants towards passengers about to board a car was the utmost
The argument that this court should follow the rule laid down by the New York court in McGrell v. Buffalo O. B. Co. 153 N. Y. 265, 47 N. E. 305, and Stierle v. Union R. Co. 156 N. Y. 70, 50 N. E. 419, to the effect that the carrier owes ■passengers the highest degree of care only in respect to roadbed, appliances, and cars and not as to operation, is neutralized by the fact that the first case did not so hold, and the ■second case, though lending color to the claim, was expressly •stated in the opinion for a rehearing not to so hold (Id. 684); and in Koehne v. N. Y. & Q. C. R. Co. 165 N. Y. 603, 58 N. E. 1089; S. C. 32 App. Div. 419, 52 N. Y. Supp. 1085, it was again reiterated that no such doctrine was laid down in the Stierle Case.
Plaintiff claimed an injury to his shoulder joint, and he was permitted over the objections of defendants to raise his
It appears that a couple of weeks before the trial a divorce was granted by a court of this state between plaintiff and his wife. The defendants called her to testify to the circumstances of plaintiff’s returning to Kenosha, his home, upon the day of the accident. Plaintiff objected on the ground that the witness was still his wife and therefore incompetent to testify for or against him. The objection was sustained because under sec. 2314, Stats. 1913, in force at the time the decree was entered, the decree of divorce did not, for one year following its entry, affect the status of the parties. The ruling was correct. Sec. 2314 provides: “When a judgment of divorce from the bonds of matrimony is granted in this state by a court, such judgment, so far as it determines
The damages awarded do not appear to be so great as to ■evince prejudice or passion on the part of the jury. They have been approved by the trial court and we cannot say that ■such approval was error.
By the Court. — Judgment affirmed.
A motion for a rehearing was denied, with $25 costs, on ■January 11, 1916.