Legal Opinion

Keller v. Town of Gilman

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 20 opinions

Appeal from, a judgment of the circuit court for Pierce county: E. B. Bundy, Circuit Judge. This is an action to recover damages resulting from an alleged defect in a highway in the defendant town. It appears that on the 1st of June, 1890, the plaintiff, with his wife, was riding along a highway in the defendant town, in a buggy drawn by a single horse.

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Appeal from, a judgment of the circuit court for Pierce county: E. B. Bundy, Circuit Judge. This is an action to recover damages resulting from an alleged defect in a highway in the defendant town. It appears that on the 1st of June, 1890, the plaintiff, with his wife, was riding along a highway in the defendant town, in a buggy drawn by a single horse. There was evidence tending to show that the traveled part of the highway contained deep gullies and large stones, by reason of which the buggy was tipped over and the horse became frightened and ran away, throwing out and seriously injuring…

1Opinion of the CourtWinsLow, J.

The principal contention made by the defendant as a ground for reversal of this judgment is that evidence of the declarations and complaints made by the *11injured woman to her mother and husband from time to time were erroneously received in evidence. The rules with regard to the reception of this class of evidence in cases where the extent of an injury is under investigation are quite well established. They may be briefly recapitulated as follows: First. The statements and declarations of a patient as to his pains and feelings, when made to a physician for .the purpose of treatment, may be…

2Cases cited6 opinions

  1. McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
  2. Wright v. City of Fort HowardWisconsin Supreme Court · 1884
  3. Stone v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
  4. Bridge v. City of OshkoshWisconsin Supreme Court · 1888
  5. Tebo v. City of AugustaWisconsin Supreme Court · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
  2. Feldstein v. HarringtonWisconsin Supreme Court · 1958
  3. Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
  4. Maine v. Maryland Casualty Co.Wisconsin Supreme Court · 1920
  5. Kath v. Wisconsin Central RailwayWisconsin Supreme Court · 1904

15 more not listed; retrieve them via the Exa API.

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