Palmer v. Schultz
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Tbis action is brought by tbe plaintiff, as administratrix of tbe estate of Tbomas Palmer, deceased, to recover damages for tbe death of tbe decedent, who was her son.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Tbis action is brought by tbe plaintiff, as administratrix of tbe estate of Tbomas Palmer, deceased, to recover damages for tbe death of tbe decedent, who was her son. Tbe defendant entered into a contract with tbe city of Milwaukee to construct sidewalks on tbe Sixteenth-street viaduct in said city, agreeing in such contract to maintain suitable barriers, and to provide lights and watchmen, and to take such other precautions as might be necessary to protect life and property. The negligence…
1Opinion of the CourtBarnes, J.
The complaint in this action contained the following allegation:
“And said Thomas Palmer, deceased, on the night of the 19th or early morning of the 20th of May, 1904, and while it was still dark, walked from the east side of said viaduct across the roadway for horses, with the intention of going upon the sidewalk upon the west side of said viaduct, and walked into the space or hole left where said sidewalk had been tom up, and fell to the ground some forty feet below and was killed.”
The answer denies that defendant neglected to cause proper barriers to be erected, denies that he failed to…
2Cases cited31 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Gates v. PaulWisconsin Supreme Court · 1903
- Vilas v. MasonWisconsin Supreme Court · 1870
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
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3Cited by11 opinions
- State v. JohnsonWisconsin Supreme Court · 1972
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- Anderson v. SparksWisconsin Supreme Court · 1910
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