McNamara v. Village of Clintonville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Action to recover damages for personal injuries alleged to have been caused by defects in a sidewalk in the defendant village. The circumstances of the accident are thus stated by Mr. Justice Cassoday: “About 6 o’clock on the evening of December 22, 1881, the plaintiff started from a drug-store in the village to go to his boarding-place.
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APPEAL from the Circuit Court for Waupaca County. Action to recover damages for personal injuries alleged to have been caused by defects in a sidewalk in the defendant village. The circumstances of the accident are thus stated by Mr. Justice Cassoday: “About 6 o’clock on the evening of December 22, 1881, the plaintiff started from a drug-store in the village to go to his boarding-place. In doing so, it became necessary to cross New London street in front of the drug-store, and go southward to, and then upon the sidewalk on, the east side of that street. That sidewalk crossed a ravine over a…
1Opinion of the CourtCassoday, J.
Upon principles too well established by this court to require reiteration, the question whether the sidewalk was defective at the^ place of the injury was for the jury, and not for the court. Kaples v. Orth, 61 Wis. 531; Hill v. Fond du Lac, 56 Wis. 246; Wright v. Fort Howard, 60 Wis. 119; Kenworthy v. Ironton, 41 Wis. 647; Kavanaugh v. Janesville, 24 Wis. 621; Cuthbert v. Appleton, 24 Wis. 383. The same is true with respect to the plaintiff’s alleged contributory negligence. Ibid. Such negligence, when not disclosed by the plaintiff’s testimony, is purely a matter of defense. Kelly v. C. &…
2Cases cited25 opinions
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- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
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