Raymond v. Keseberg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Plaintiff, while traveling in a top buggy, in the night time, on a street of the defendant city, ran onto an obstruction consisting of a mound of earth placed therein by defendant Keseberg, and was injured. He brought this action ■ to recover compensation for such injury.
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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Plaintiff, while traveling in a top buggy, in the night time, on a street of the defendant city, ran onto an obstruction consisting of a mound of earth placed therein by defendant Keseberg, and was injured. He brought this action ■ to recover compensation for such injury. The obstruction was created by dumping into the street the earth taken out by defendant 'Keseberg in excavating a cellar on ber premises. Whether it was properly guarded, so as not to render the street defective and unsafe for…
1Opinion of the Court
MaRshall, J..The jury must have understood from the instructions given In respect to the second and third ques*194tions that unless a. light was in position, at the instant of the accident, so placed and of such a nature as to furnish warning to travelers of the presence of the mound of earth, if the street .otherwise would have been defective because of the obstruction, it was their duty to find that it was defective in fact at the time of such accident and through want of ordinary care on the part of defendant Keseberg. From this the jury may well have found from .th e evidence that Mrs.…
2Cases cited7 opinions
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Prindle v. Town of FletcherSupreme Court of Vermont · 1867
- Weirs v. Jones CountySupreme Court of Iowa · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Stockton Automobile Co. v. ConferCalifornia Supreme Court · 1908
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.