Larson v. City of Eau Claire
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. This was an action brought against the city of Eau Claire to recover damages which the plaintiff alleged he had sustained in traveling on a highway which the defendant was bound to maintain, and which it w;as claimed was insufficient and out of repair; and, the allegations of the plaintiff having been denied, upon a trial before a jury a special verdict was found, upon which, the…
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. This was an action brought against the city of Eau Claire to recover damages which the plaintiff alleged he had sustained in traveling on a highway which the defendant was bound to maintain, and which it w;as claimed was insufficient and out of repair; and, the allegations of the plaintiff having been denied, upon a trial before a jury a special verdict was found, upon which, the plaintiff had judgment for $3,000 and costs, from which the defendant appealed. The defect or insufficiency, in the…
1Opinion of the CourtPiNNey, J.
1. We have examined the evidence, and are of the opinion that it was sufficient to sustain the verdict. The principal point made against it in this regard is that the testimony of the three witnesses on the part of the plaintiff as to the length of time the highway had been in an unsafe condition, prior to the happening of the accident, found by the jury to have been three weeks, was incredible. There was no objection' to the competency of the witnesses, and *89we think there was no inherent improbability in their statements. The credibility of their testimony was solely a question for the,jury.…
2Cases cited3 opinions
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Bays v. HerringSupreme Court of Iowa · 1879
- Meier v. MorganWisconsin Supreme Court · 1892
3Cited by4 opinions
- Collins v. City of JanesvilleWisconsin Supreme Court · 1903
- In Re Estate of WineteerCalifornia Supreme Court · 1917
- Kaimann v. GoodsittWisconsin Supreme Court · 1961
- Campbell v. CampbellSupreme Court of Rhode Island · 1909