Legal Opinion

Brunette v. Town of Gagen

Wisconsin Supreme Court

Decided April 27, 1900PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Oneida county: W. 0. Silveethoen, Circuit Judge. This is an action for personal injuries suffered by the plaintiff by reason of a fall on an alleged defective sidewalk upon a highway of the defendant town, said highway being a street in the unincorporated village of Three Lakes, situated in said town.

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Appeal from a judgment of the circuit court for Oneida county: W. 0. Silveethoen, Circuit Judge. This is an action for personal injuries suffered by the plaintiff by reason of a fall on an alleged defective sidewalk upon a highway of the defendant town, said highway being a street in the unincorporated village of Three Lakes, situated in said town. Upon the trial of the case, it appeared that prior to the 17th of December, 1897, for a considerable time, a sidewalk had been maintained on the east side of the highway in question, and that upon said last-named date a portion of the sidewalk…

1Opinion of the CourtWiNsuow, J.

Upon the facts found by the special verdict there can be no doubt of the plaintiff’s right of recovery ; hence the only questions for serious consideration are whether the evidence was sufficient to sustain the findings, and whether any errors of law were committed in arriving at those findings. Upon the first question we deem it sufficient to say that, after reviewing the evidence, we are satisfied that there was ample evidence upon which the findings could be properly based.

Proceeding to the second question, several alleged errors must be discussed.

1. It is said that the court gave the jury…

2Cases cited1 opinion

  1. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899

3Cited by7 opinions

  1. Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
  2. Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
  3. Cullen v. HanischWisconsin Supreme Court · 1902
  4. City of Baraboo v. Excelsior Creamery Co.Wisconsin Supreme Court · 1920
  5. Wankowski v. Crivitz Pulp & Paper Co.Wisconsin Supreme Court · 1908

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