State Journal Printing Co. v. City of Madison
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This is an action for damages resulting from water which escaped from a broken main in the water system of the city of Madison and inundated the cellar of the plaintiff, inflicting damage by way of destruction of print paper, stereotype molds, etc.
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Appeal from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This is an action for damages resulting from water which escaped from a broken main in the water system of the city of Madison and inundated the cellar of the plaintiff, inflicting damage by way of destruction of print paper, stereotype molds, etc. The accident happened on the morning, of January 17, 1907, and is the same accident involved in the case of Piper v. Madison, 140 Wis. 311,122 25T. W. 730, the plaintiff here occupying the major part of the same building which the Piper Bros, occupied at the…
1Opinion of the CourtWinslow, C. J.
In onr judgment the court was entirely-justified in setting aside the special verdict as perverse. There was no controversy in the ease as to the fact that substantial damage had been suffered by the plaintiff and the trial court practically so instructed the jury, leaving only to-them the question of the exact amount thereof. Disregarding the undisputed evidence, as well as the charge of the-court, the jury affirmatively found that there was no damage. Where the answer to one material question of a special verdict plainly shows that the jury made the answer perversely *403or by reason of passion…
2Cases cited5 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Piper v. City of MadisowWisconsin Supreme Court · 1909
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
- Lines v. City of MilwaukeeWisconsin Supreme Court · 1911
- Service v. ShonemanSupreme Court of Pennsylvania · 1900
3Cited by19 opinions
- Milwaukee Metropolitan Sewerage District v. City of MilwaukeeWisconsin Supreme Court · 2005
- Wigal v. City of ParkersburgWest Virginia Supreme Court · 1914
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- Henry v. City of LincolnNebraska Supreme Court · 1913
- Dickman v. SchaefferWisconsin Supreme Court · 1960
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