Brunkow v. Waters
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. This action was commenced in justice’s court to recover for personal injuries.
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Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. This action was commenced in justice’s court to recover for personal injuries. Upon the trial in justice’s court it appeared without dispute that on the 18th of April, 1904, the plaintiff, an old lady, was sitting on the seat of a lumber wagon standing in a business street in the city of ISTeillsville, with a two-horse team attached j that the wagon and team belonged to one Schale, who had gone into an adjoining store for a moment, leaving the plaintiff in the wagon holding the lines; that while she was so…
1Opinion of the CourtWinslow, J.
Notwithstanding there was no new trial of the case in the circuit court it was the duty of the court to give judgment according to the weight of the evidence and the justice of the case without regard to the finding of the justice of the peace. Sec. 3769, Stats. (1898); Silvernail v. Rust, 88 Wis. 458, 60 N. W. 787. This court will not reverse the conclusions of fact of the circuit court in such a case unless *33they are contrary to the clear preponderance of the evidence. Donner v. Genz, 129 Wis. 245, 107 N. W. 1039, 109 N. W. 71.
The circuit judge concluded that the undisputed fact that the…
2Cases cited4 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Silvernail v. RustWisconsin Supreme Court · 1894
- Thane v. DouglassTennessee Supreme Court · 1899
- Donner v. GenzWisconsin Supreme Court · 1906
3Cited by3 opinions
- Chapleau v. Manhattan Oil Co.Wisconsin Supreme Court · 1922
- Luckow v. BoettgerWisconsin Supreme Court · 1909
- James v. WoerpelWisconsin Supreme Court · 1920