Robinson v. Town of Washburn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bayfield County. This action was brought to recover damages claimed to have been sustained by the plaintiff by reason of a defect in the sidewalk on Bayfield street in the unincorporated village of Washburn in the defendant town, on the ground that the defendant knowingly and negligently suffered the sidewalk to be and remain out of repair. The principal defect claimed consisted of a hole, caused by the breaking of a plank.
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APPEAL from the Circuit Court for Bayfield County. This action was brought to recover damages claimed to have been sustained by the plaintiff by reason of a defect in the sidewalk on Bayfield street in the unincorporated village of Washburn in the defendant town, on the ground that the defendant knowingly and negligently suffered the sidewalk to be and remain out of repair. The principal defect claimed consisted of a hole, caused by the breaking of a plank. The answer denied negligence, and put in issue the principal allegations of the complaint. Upon a trial by jury a special verdict was…
1Opinion of the CourtPiNNey, J.
If the court had received and recorded the verdict, although there was no finding of damages in favor of the plaintiff, a question for consideration and decision *406would have been presented, — ■ whether the answers returned did not amount to a general verdict for the defendant. The court, by its action, in effect suppressed the findings of the jury, and discharged them, and subsequently entered an order on the motion denying the defendant all benefit of the findings, and refused to give judgment thereon in its favor.
A question has been made whether this order is appeal-able. If the findings of…
2Cases cited2 opinions
- Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
- Murray v. ScribnerWisconsin Supreme Court · 1887
3Cited by6 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918
- Mills v. ConleyWisconsin Supreme Court · 1901
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Murphey v. WeilWisconsin Supreme Court · 1894
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