79 Wis. 201 | Wis. | 1891
The respondent brought this action to recover damages for an injury to his infant daughter, which he claims was caused by the negligence and carelessness of the defendant company. The action was to recover the damages the father had sustained, not for the personal injury to the child. The case was tried by the court and a jury, and the jury returned a verdict in favor of the respondent, and assessed his damages at $234.50, and the company, after moving for a new trial on the ground that the verdict was wholly unsupported by the evidence, which was denied by the trial court, appealed to this court.
The only error assigned by the learned counsel for the appellant is that the court refused to grant a nonsuit upon his motion, and refused to grant the motion for a new trial. There are no exceptions in the record, except those taken to the refusal to nonsuit the plaintiff, and to the refusal to grant a new trial, on the ground that the evidence does not support the verdict. In this court the learned counsel have urged that the evidence fails to show any negligence on the part of the defendant, and it is also urged that the evidence shows conclusively that the plaintiff or his infant daughter, one or both, were guilty of negligence which contributed to the accident complained of.
After a careful examination of the evidence contained in the record, we are satisfied with the decision of the learned trial judge upon both these questions. He decided that
By the Court.—The judgment of the circuit court is affirmed.