Davis v. Town of Farmington
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. The action was commenced by Thomas Davis and Mary N. Davis, his wife, to recover damages for injuries received by the wife upon a highway in the defendant town, caused, as is alleged, by defects in such highway.
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APPEAL from the Circuit Court for La Crosse County. The action was commenced by Thomas Davis and Mary N. Davis, his wife, to recover damages for injuries received by the wife upon a highway in the defendant town, caused, as is alleged, by defects in such highway. The damages resulting from such injuries, accruing to each of the plaintiffs, were claimed in the complaint, pursuant to ch. 96, Laws of 1873. "While the action was pending, and before trial, Mrs. Davis died, and the action was thereafter prosecuted by the husband for the recovery of damages accruing to him in his own right. The…
1Opinion of the CourtEton, J.
At the common law, the court may, in its discretion, require the jury to return a special verdict; and it is also competent for the jury to do so without such requirement. Under our statute, a party to an action tried by a jury may have a special verdict as matter of right. Laws of 1874, ch. 21. Such right is necessarily limited to material and controverted questions of fact; but within that limit it is absolute. When a special verdict is returned, there may be a general verdict also; but if the two are inconsistent, the former must prevail. R. S., ch. 132, sec. 14; Lemke v. R’y Co., 39 Wis.,…
2Cases cited2 opinions
- Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
- Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
3Cited by12 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
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