Kenyon v. City of Mondovi
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Buffalo county: E. B. BuNdy,- Circuit Judge. This is an action to recover for personal injuries suffered by the plaintiff by reason of a fall upon a sidewalk in the defendant city on the 21st of November, 1893. The fact that the plaintiff fell was not disputed, nor was it disputed that he suffered injuries thereby.
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Appeal from a judgment of the circuit court for Buffalo county: E. B. BuNdy,- Circuit Judge. This is an action to recover for personal injuries suffered by the plaintiff by reason of a fall upon a sidewalk in the defendant city on the 21st of November, 1893. The fact that the plaintiff fell was not disputed, nor was it disputed that he suffered injuries thereby. A snowstorm was in progress at the time of the fall, and the plaintiff claimed that the fall was occasioned by slipping upon an accumulation of ice upon the sideAvalk. It appears that there was a pump located in the sidewalk, between…
1Opinion of the CourtWiNslow, J.
1. A motion for nonsuit was made in this case, and overruled, and error is assigned upon this ruling. Examination of the record satisfies us that the case was one for the jury. The plaintiff was walking along in a snowstorm which might well conceal the outlines of the hummock of ice, and his attention was at the time momentarily diverted by being accosted by a friend. Under such circumstances, we cannot say that the plaintiff was guilty of negligence, as matter of law, in not seeing and avoiding the ice. Wheeler v. Westport, 30 Wis. 392; Simonds v. Baraboo, 93 Wis. 40.
2. The physician who…
2Cases cited3 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
3Cited by14 opinions
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Dennis v. City of AlbemarleSupreme Court of North Carolina · 1955
- Gallamore v. City of OlympiaWashington Supreme Court · 1904
- City of Valparaiso v. SchwerdtIndiana Court of Appeals · 1907
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