91 Wis. 233 | Wis. | 1895
The charge is very lengthy. Numerous exceptions are-taken to it. It contains some things well calculated to excite feeling and prejudice in the jury, and to lead them away from the real issue. Only a few of them are here referred' to, as, for instance: “I have thought of this case a good; deal, gentlemen. Here is some pretty strong wrong somewhere.” The court then charges at considerable -length upon, personal injury cases generally, as follows: “ I notice, every time we come to draw a panel, the question is asked, ‘ Have-you any prejudice against personal injury actions?’ I hope not, gentlemen. I hope not. It is an unfortunate state of facts, if we have got to swear a person can’t come into court and have a fair show on a personal injury action. That is a bad state, if that is true, and it makes me out of patience, almost, to have it assumed that may be true. However, personal injury actions are many of them humbugs,— made-up. Tou want to search .them as you do any other action,— sift the wheat from the chaff; but don’t brace up and say here: cIt won’t do to give verdicts in personal injury actions-It will only encourage peoplé.’ Never say that. If you feel! there are a good many humbug actions, why, search, search the evidence. That’s right. But don’t brace up against it. If anybody here has suffered an injury, they have a right-to come into court. We have time for them, and a sufficient, punishment on them,— to put the costs on them and send them out without a verdict, if they are not entitled to one. I am not going to lose my right to-come into court and have-my wrongs redressed because my neighbor may have come-into court when he had no business to.” As was said by this-
By the Court.— The judgment of the superior court of Douglas county is reversed, and the cause is remanded for a new trial.