Lynch v. Town of Waldwick
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Iowa county: Geo. ClemeNtsoN, Circuit Judge. Action for personal injuries due to defect in highway.
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Appeal from a judgment of tbe circuit court for Iowa county: Geo. ClemeNtsoN, Circuit Judge. Action for personal injuries due to defect in highway. Evidence tended to prove that plaintiff and his father-in-law, with the latter’s team and sleigh, were hauling to plaintiff’s farm a gasoline engine weighing about 1,500 pounds, inclosed in a crate of which the base was approximately two feet by four, and which was about four feet high, the principal weight of the engine being in the base; which was placed longitudinally in the sleigh about the middle of the bos, not secured in any -way. At a…
1Opinion of the Court
Dodge, T.
Appellant’s principal contention is that the evidence conclusively establishes contributory negligence either on the part of the plaintiff or on the part of Mr. Barry, who was driving the team. FTegligence and contributory negligence are essentially and peculiarly questions for the jury. They involve not only a decision upon the credibility of the testimony, and deduction therefrom as to the physical facts and the actual conduct, but also an inference of negligence or due care from such facts and conduct. Warden v. Miller, 112 *353Wis. 67, 70. In tbe consideration of such contention as…
2Cases cited5 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Warden v. MillerWisconsin Supreme Court · 1901
- Taylor v. SeilWisconsin Supreme Court · 1903
3Cited by3 opinions
- Johnson v. City of Eau ClaireWisconsin Supreme Court · 1912
- Buchman v. JefferyWisconsin Supreme Court · 1908
- Buchman v. JefferyWisconsin Supreme Court · 1908