Nicks v. Town of Marshall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. Action for injuries to the plaintiff’s person, received in consequence of his being thrown from a wagon upon a highway in the defendant town. The injury is alleged to have been caused by obstructions which defendant had negligently permitted to remain in the highway. The court refused to set aside a verdict for the plaintiff, and rendered a judgment thereon; from which defendant appealed. A.'Durnford (with Wm.
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APPEAL from the Circuit Court for Richland County. Action for injuries to the plaintiff’s person, received in consequence of his being thrown from a wagon upon a highway in the defendant town. The injury is alleged to have been caused by obstructions which defendant had negligently permitted to remain in the highway. The court refused to set aside a verdict for the plaintiff, and rendered a judgment thereon; from which defendant appealed. A.'Durnford (with Wm. F. Vilas, of counsel), for respondent, contended, among other things, that the question of contributory negligence was for the jury,…
1Opinion of the CourtCole, J.
On the argument of this case, a number of objections were taken by the counsel for the appellant to the instructions of the court. But we think we cannot consider these objections, for this reason: It appears, from a marginal correction of the bill of exceptions, that no exceptions were taken to the charge of the court until after the verdict was rendered and the jury discharged. This, we think, was too late to make the exceptions available in this court. We have frequently held that the attention of the circuit judge must be specifically called to those portions of the charge complained of,…
2Cited by10 opinions
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Kenworthy v. Town of IrontonWisconsin Supreme Court · 1877
- Murphy v. Herold Co.Wisconsin Supreme Court · 1909
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