Wanta v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county; OkREN T. Williams, Circuit Judge. On February 22, 1909, Frank Glass, the decedent, while driving a team of horses, hitched to an empty coal wagon, east on Oneida street in the city of Milwaukee, fell from the wagon to the pavement, sustaining injuries which caused his death.
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Appeal from a judgment of tbe circuit court for Milwaukee county; OkREN T. Williams, Circuit Judge. On February 22, 1909, Frank Glass, the decedent, while driving a team of horses, hitched to an empty coal wagon, east on Oneida street in the city of Milwaukee, fell from the wagon to the pavement, sustaining injuries which caused his death. This action is brought to recover damages for the death of said Glass, the complaint alleging that the defendants peimitted large holes to exist in the pavement at and near the point of the accident, both in the portion of the street maintained by said city…
1Opinion of the Court
The following opinion was filed January 9, 1912:
Barnes, J.
The witnesses for the defense testified in substance that when the front wheels of the wagon which de*297ceased was driving struck the north rail of the north track the wheels skidded along the rail to the right for some distance, and that it was this movement that caused the decedent to fall. These witnesses negative the idea that the fall was caused by one or more of the wagon wheels dropping into a hole.
The witness Bork testified for the plaintiff that the wagon wheels dropped into one and probably two holes before the deceased was…
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