Seymer v. Town of Lake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwcmhee County. The case is stated in the opinion. to the point that an error in an instruction inadvertently committed is not fatal where from the whole charge the jury could not have been misled by it, cited Hutchinson v. O. <& W. TU.
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APPEAL from the Circuit Court for Milwcmhee County. The case is stated in the opinion. to the point that an error in an instruction inadvertently committed is not fatal where from the whole charge the jury could not have been misled by it, cited Hutchinson v. O. <& W. TU. P. Co. 41 "Wis. 541; Greene dé Button Go. v. Van Vechten, 63 id. 16; Scheilte v. Johnson, 39 id. 384; Kidd v. Fleeh, 47 id. 443; Lela v. .Domashe, 48 id. 623; Kelly v. Houghton, 59 id. 400; Horsey v. P. da C. Const. Co. 42 id. 583.
1Opinion of the CourtTaylor, J.
This action was brought by the respondent to recover damages of the appellant town for causing the death of the deceased, Adolph Seymer, by its neglect to keep one of its highways in repair. The action was tried by a jury, and, under the instructions of the court, a verdict was rendered in favor of the town. Afterwards, upon motion of the respondent, the circuit court set aside the verdict and ordered a new trial. From the order setting aside the verdict the appellant appeals to this court.
The motion for a new trial was made “ upon the record and trial thereof, and the judge’s minutes of the…
2Cases cited4 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Cassedy v. Town of StockbridgeSupreme Court of Vermont · 1849
- Fitzgerald v. Town of WestonWisconsin Supreme Court · 1881
- Burns v. Town of ElbaWisconsin Supreme Court · 1873
3Cited by12 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
- Chicago G. W. R. v. RobinsonCourt of Appeals for the Eighth Circuit · 1939
- Hughes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
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