Ehleiter v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren B. Tarrant, Circuit Judge. Action for damages by death of Michael Hart, caused by a defect in highway, under following circumstances: Between 3 and 4 o’clock a. m. of April 7, 1901, Hart was driving a reasonably quiet horse in front of a buggy containing himself, wife, and daughter, southward on Kinnickinnic avenue, toward a point where a swing bridge crossed the Kinniekinnic river, with which he was…
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Appeal from a judgment of the circuit court for Milwaukee county: Warren B. Tarrant, Circuit Judge. Action for damages by death of Michael Hart, caused by a defect in highway, under following circumstances: Between 3 and 4 o’clock a. m. of April 7, 1901, Hart was driving a reasonably quiet horse in front of a buggy containing himself, wife, and daughter, southward on Kinnickinnic avenue, toward a point where a swing bridge crossed the Kinniekinnic river, with which he was entirely familial’,. having driven -over same daily for many months. The bridge-had been open, undergoing repairs, for…
1Opinion of the CourtDodge, J.
Upon the trial of tbis case two sharply conflicting theories were presented and supported by evidence: First, that the decedent drove more or less rapidly toward the bridge, with his horse under control, until he reached or passed the watchman, and was then unable to stop' before going into the river, upon which theory it was claimed he was guilty of contributory negligence, under the rule laid down in Stephani v. Manitowoc, 101 Wis. 59, 76 N. W. 1110; secondly, it was contended by the plaintiff that before reaching the bridge the horse became uncontrollable, and while so plunged into the…
2Cases cited14 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Siebrecht v. HoganWisconsin Supreme Court · 1898
- Jackson v. Town of BellevieuWisconsin Supreme Court · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Corley v. Cobb CountyCourt of Appeals of Georgia · 1917
- McMahen v. Nashville, Chattanooga & Saint Louis Railway Co.Court of Appeals of Georgia · 1942
- Trobaugh v. City of MilwaukeeWisconsin Supreme Court · 1953
- Swiergul v. Town of SuamicoWisconsin Supreme Court · 1931
- Sylvester v. City of MilwaukeeWisconsin Supreme Court · 1940
2 more not listed; retrieve them via the Exa API.