Oleson v. Tolford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. Action for damages for personal injuries alleged to have been sustained by Oleson through the negligence of the defendants, while he was a passenger on their stage coach. The complaint alleged that the injury was caused by the stage coach being overturned, by the negligence of the driver.
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APPEAL from the Circuit Court for Clark County. Action for damages for personal injuries alleged to have been sustained by Oleson through the negligence of the defendants, while he was a passenger on their stage coach. The complaint alleged that the injury was caused by the stage coach being overturned, by the negligence of the driver. The answer denied the negligence and charged that plaintiff was intoxicated at the time, and climbed upon the top of the stage coach against the command of the driver, and by his own fault suffered the injury, etc. On the trial, the plaintiff offered evidence…
1Opinion of the CourtCole, J.
The first exception relied on to reverse the judgment is taken to the ruling of- the court excluding evidence offered on the part of the plaintiff. The witness Lynn was asked this question: “ What in your opinion would cause a stage to tip over at that point, at that time?” This question was objected to, 'and excluded. This ruling is now conceded to be correct by the plaintiff’s counsel. The samé witness was then asked this : “ State, if you know, from your knowledge of the condition of the road at that time, what would be the chances for a stage coach to tip over, being driven by an…
2Cases cited1 opinion
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
3Cited by9 opinions
- Brunker v. CumminsIndiana Supreme Court · 1892
- City of Parsons v. LindsaySupreme Court of Kansas · 1881
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Robinson v. Town of WaupacaWisconsin Supreme Court · 1890
- Mellor v. Town of UticaWisconsin Supreme Court · 1880
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