Gorr v. Mittlestaedt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. RueNell, Circuit Judge. The defendant owned three lots on the west side of Main street in the city of Oshkosh. On the south side of the lots was an open cellar forty-five feet wide toward the street line, and extending tvest sixty-five feet. North of the collar some distance, and back from the street, was a dwelling house.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. RueNell, Circuit Judge. The defendant owned three lots on the west side of Main street in the city of Oshkosh. On the south side of the lots was an open cellar forty-five feet wide toward the street line, and extending tvest sixty-five feet. North of the collar some distance, and back from the street, was a dwelling house. Back of the cellar was an office used by the defendant, and still further back was a large barn. On the side of the excavation toward the north there was no barrier,. except that the wall extended…
1Opinion of the CourtMaeshall, J.
The jury having found as a fact that plaintiff was using the private driveway, at the time of the accident, by invitation, the rule that where a licensee is injured by falling into an excavation on the land of another, over which he is passing by mere permission of such other, the licensor is not liable, does not apply. Actionable negligence springs from a violation of some positive.duty which the person charged therewith owes to the injured person. In case of a mere permission by one for another to use his premises, no duty to guard the latter from danger of personal injury exists. Such…
2Cases cited16 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Klix v. NiemanWisconsin Supreme Court · 1887
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
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3Cited by17 opinions
- Greenfield v. MillerWisconsin Supreme Court · 1921
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Brinilson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
- Zartner v. GeorgeWisconsin Supreme Court · 1914
- Schlicht v. ThesingWisconsin Supreme Court · 1964
12 more not listed; retrieve them via the Exa API.