Dreher v. Town of Fitchburg
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action for damages suffered by reason of a defect in a highway, while plaintiff was driving a team attached to a separator. After the plaintiff rested, the defendant called one Kyser, who testified that he was not present at the time the plaintiff received his injury, but talked with him a few hours afterwards.
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APPEAL from tbe Circuit Court for Dane County. Action for damages suffered by reason of a defect in a highway, while plaintiff was driving a team attached to a separator. After the plaintiff rested, the defendant called one Kyser, who testified that he was not present at the time the plaintiff received his injury, but talked with him a few hours afterwards. Question: “What do you know about this team; how did they appear and act?” Objected to generally, and objection sustained. The whole of the instruction to the jury in reference to alleged admissions made by the plaintiff, was as follows :…
1Opinion of the CourtPaiNe, J.
It is claimed tbat tbe circuit court erred in refusing to instruct tbe jury, as requested by tbe defendant, tbat “ slight negligence ” on tbe part of tbe plaintiff, wbicb contributed directly to tbe injury, would prevent a recovery. Tbis would bave been error if tbe words “ slight negligence ” are to be construed as equivalent to a slight want of ordinary care and prudence. But such is not tbe case. On tbe contrary, negligence has long been divided into three degrees, slight, ordinary and gross. Tbis division has sometimes been criticised, like everything else, but it is well established, and…
2Cases cited3 opinions
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Walker v. Town of WestfieldSupreme Court of Vermont · 1867
- Prindle v. Town of FletcherSupreme Court of Vermont · 1867
3Cited by47 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Emery v. StateWisconsin Supreme Court · 1899
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
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