Collins v. City of Janesville
Wisconsin Supreme Court
Appeal from a ¡judgment of tbo circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Action to recover compensation for personal injury.
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Appeal from a ¡judgment of tbo circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Action to recover compensation for personal injury. Tbe claim of tbe plaintiff, as set forth in ber complaint and maintained by ber evidence upon tbe trial, is that on June 5, 1895, while walking, in tbe exercise of ordinary care, on a public sidewalk located, on tbe east side of Cherry street in tbe defendant city, she stepped into a bole in such walk, of such a character as to render tbe way insufficient and out of repair, which condition bad existed for such a length of time that the city…
1Opinion of the CourtMaRshall, J.
-The first proposition submitted by appellant’s counsel is that the court erred in not setting aside the verdict and granting a new trial upon deciding that it was not supported by the preponderance of the evidence. We are unable to agree with counsel on that. A motion for a new trial upon the ground that the verdict is contrary to the evidence is addressed to the sound discretion of the trial judge, and he is so supreme in that field that his decision is not subject to disturbance on appeal if there is any reasonable ground upon which’it can be supported. Parlin & O. Co. v. Angell, 99 Wis.…
2Cases cited16 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Town of Argos v. HarleyIndiana Court of Appeals · 1943
- City of Valparaiso v. SchwerdtIndiana Court of Appeals · 1907
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
- Olwell v. SkobisWisconsin Supreme Court · 1905
13 more not listed; retrieve them via the Exa API.