Smalley v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond duLac County. Action, to recover damages for personal injuries sustained On the evening of October 16, 1884, and alleged to have been caused by a defect in a sidewalk in the defendant city.
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APPEAL from the Circuit Court for Fond duLac County. Action, to recover damages for personal injuries sustained On the evening of October 16, 1884, and alleged to have been caused by a defect in a sidewalk in the defendant city. The evidence tended to show, among other things, that by reason of the accident the plaintiff was confined to her bed for about six months; that thereafter, and up to the time of the second trial in November, 1888, she continued to suffer pain, and that she had not then recovered from the injury. The jury found a special verdict favorable to the plaintiff, and…
1Opinion of the CourtObtoN, J.
This case was before this court on an appeal from a judgment against the plaintiff, reported in 70 Wis. 340, and the cause was remanded for a new trial. The main facts were sufficiently stated on that appeal, and it will be necessary only to refer to the evidence applicable to the exceptions. We cannot but think that the exceptions reserved are very technical and do not in a single instance affect the merits of the case. The case has been twice tried, and the last time with great care by the court. The instructions of the court to the jury were very full and fair, and the rulings upon the…
2Cases cited12 opinions
- Bennett v. StateWisconsin Supreme Court · 1883
- Stewart v. City of RiponWisconsin Supreme Court · 1875
- Quinn v. HigginsWisconsin Supreme Court · 1885
- Gates v. FleischerWisconsin Supreme Court · 1886
- Wright v. HardyWisconsin Supreme Court · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
- Werner v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Urban v. AndersonWisconsin Supreme Court · 1940
4 more not listed; retrieve them via the Exa API.