Legal Opinion

Eron v. Town of Stevens Point

Wisconsin Supreme Court

Decided May 23, 1893PublishedCited by 4 opinions

APPEAL from the Circuit Court for Portage County. The complaint alleges, in effect, that Adolph Belka died intestate, October 22, 1889; that the plaintiff was, upon due application, appointed administrator of his estate, December 3, 1889, and qualified as such; that October. 22, 1889, there was a certain public highway in the defendant town leading from Stevens Point first in a northwesterly direction and then in a westerly direction, as described, and which highway had been…

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APPEAL from the Circuit Court for Portage County. The complaint alleges, in effect, that Adolph Belka died intestate, October 22, 1889; that the plaintiff was, upon due application, appointed administrator of his estate, December 3, 1889, and qualified as such; that October. 22, 1889, there was a certain public highway in the defendant town leading from Stevens Point first in a northwesterly direction and then in a westerly direction, as described, and which highway had been duly laid out and traveled >nd worked for more than ten years prior thereto; that at a point in said highway thirty…

1Opinion of the CourtCassoday, J.

Error is assigned because at the close of the testimony the court refused to grant the defendant’s motion to direct a verdict in its favor on the ground that the evidence was insufficient to establish a cause of action against the town. Error is also assigned because, upon the rendition of the verdict and before judgment, the court refused to grant the defendant’s motion to set aside the verdict and grant a new trial. for the reason, among others, that there was no proof in the case, and that no 'evidence had been offered, “ tending to show that any bill or statement of the claim or demand of…

2Cases cited4 opinions

  1. Wentworth v. Town of SummitWisconsin Supreme Court · 1884
  2. Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
  3. Watson v. City of AppletonWisconsin Supreme Court · 1885
  4. Koch v. City of AshlandWisconsin Supreme Court · 1892

3Cited by4 opinions

  1. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  2. Conrad v. Town of EllingtonWisconsin Supreme Court · 1899
  3. McKibben v. AmoryWisconsin Supreme Court · 1895
  4. Stone v. Town of LangladeWisconsin Supreme Court · 1923

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