Legal Opinion

Raymond v. Keseberg

Wisconsin Supreme Court

Decided January 11, 1898PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for Outagamie county: JohN GoodlaND, CircuitUudge. On the evening of May 13, 1885, the plaintiff, while driving upon one of the public streets of the city of Sheboygan, ran over a mound of earth placed in the street by the de1-fendant Keseberg, and was thereby thrown from his buggy and seriously injured. This action was brought to recover for such injuries.

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Appeal from a judgment of the circuit court for Outagamie county: JohN GoodlaND, CircuitUudge. On the evening of May 13, 1885, the plaintiff, while driving upon one of the public streets of the city of Sheboygan, ran over a mound of earth placed in the street by the de1-fendant Keseberg, and was thereby thrown from his buggy and seriously injured. This action was brought to recover for such injuries. It has been tried several times, and has been before this court in one form or another four times. See 70 Wis. 318; 76 Wis. 335; 84 Wis. 302; 91 Wis. 191. Since the last reversal another trial…

1Opinion of the CourtWiNslow, J.

It is a matter of sincere congratulation to all parties that the end of this protracted litigation has at last been reached. Careful examination of the record fails to disclose any reversible error. The points made by the appellants will be briefly noticed.

1. A motion was made in the circuit court, based upon sec. 3072a, S. & B. Ann. Stats., in November, 1896, to dismiss the action because the plaintiff had not brought the case to trial, and paid the costs upon the last reversal of the action (which took place October 22, 1895), within a year after such reversal. It appeared by the affidavits…

2Cases cited1 opinion

  1. Whereatt v. EllisWisconsin Supreme Court · 1893

3Cited by12 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  3. Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
  4. State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899
  5. Parkes v. LindenmannWisconsin Supreme Court · 1915

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