Secard v. Rhinelander Lighting Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Action for damages caused by the alleged taking of the intestate’s life. The pleadings presented the question of whether defendant was legally liable for the intestate’s death.
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Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Action for damages caused by the alleged taking of the intestate’s life. The pleadings presented the question of whether defendant was legally liable for the intestate’s death. The evidence proved, or tended to prove, this: The defendant in the course of its permissible operations as a public utility corporation, made several excavations in a street of the city of Rhine-lander, about five feet deep, twenty inches in diameter at the top, and somewhat less at the bottom. The work was finished about the…
1Opinion of the Court
The following opinion was filed November 14, 1911:
MARSHALL, J.
It is not claimed, with confidence, that there was no jnry question respecting actionable fault on the part of defendant. The subject is merely suggested and submitted. It is considered that like brief treatment will suffice here.
The evidence has been examined. There is no controversy as to what was done and left undone by defendant. Is it consistent with ordinary care, in view of the known fact that young children, yet old enough to go to school unattended and otherwise to be upon the street, are liable to be near excavations, and…
2Cases cited5 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
- Wills v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1900
- Beach v. Bird & Wells Lumber Co.Wisconsin Supreme Court · 1908
3Cited by22 opinions
- City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Knickerbocker v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
- Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
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