Legal Opinion

Brown v. Eastern Wisconsin Railway & Light Co.

Wisconsin Supreme Court

Decided April 13, 1915Published

Appeal from a judgment of tbe circuit court for Eond du Lac county: Ohesteb A. Fowleb, Circuit Judge. Action to recover damages for a personal injury sustained 'by plaintiff coming in contact witb a broken live wire belonging to tbe defendant.

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Appeal from a judgment of tbe circuit court for Eond du Lac county: Ohesteb A. Fowleb, Circuit Judge. Action to recover damages for a personal injury sustained 'by plaintiff coming in contact witb a broken live wire belonging to tbe defendant. During tbe nigbt of July 13 and 14, 1912, there was quite a heavy storm accompanied by lightning in tbe city of Fond du Lae, and in tbe morning of July 14th a wire belonging to tbe defendant was broken on Hickory street in such a manner that one end lay flat on tbe ground. Plaintiff, a boy eight years old, while going to a neighbor’s bouse to play…

1Opinion of the CourtViNjb, J.

Tbe jury found that tbe wire was so installed as to pass among and touch tbe branches of a tree; that such installation was negligent, and that it caused its breaking. They further found that tbe defendant was negligent in failing seasonably to inspect its line tbe next morning. On behalf of tbe defendant it is claimed that tbe evidence does not sustain a finding that tbe wire ran through or touched the branches of a tree; that lightning caused it to break; and that *461tbe defendant seasonably, inspected its line tbe nest morning after tbe storm.,We bave carefully examined all tbe evidence in…

2Cases cited5 opinions

  1. Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
  2. Swift & Co. v. RedheadSupreme Court of Iowa · 1909
  3. Peck v. City of BarabooWisconsin Supreme Court · 1909
  4. Kruck v. Wilbur Lumber Co.Wisconsin Supreme Court · 1912
  5. Chandler v. Munkwitz Realty & Investment Co.Wisconsin Supreme Court · 1912

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