Chappell v. Town of Oregon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for personal injuries to plaintiff caused by his being thrown from a wagon, by reason of a deep hole or rut in a highway of the defendant town.
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APPEAL from the Circuit Court for Dane County. Action for personal injuries to plaintiff caused by his being thrown from a wagon, by reason of a deep hole or rut in a highway of the defendant town. From the evidence, which was exceedingly conflicting, it appeared that at the time of the accident, plaintiff, with two other persons, was driving with a common wagon upon the road, the three occupying the seat together, the horses going at an ordinary trot,- when the wheel struck the rut, and plaintiff was thrown out, breaking his collar bone and otherwise sustaining severe injuries. One of the…
1Opinion of the CourtCole, J.
In this case the plaintiff moved, upon the minutes of the judge, to set aside the verdict and grant a new trial, for the reason that such verdict was contrary to and unsupported by the evidence in the cause. This motion was overruled, and the only exception relied on for a reversal of the judgment is the refusal of the court to grant this motion. It is claimed that the circuit court abused its discretion in denying the motion for a new trial. We think the rule of law applicable to the question raised cannot be more accurately stated than it is by Mr. Justice PAINE in Eaton v. Joint School…
2Cases cited2 opinions
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
- Eaton v. Joint School District No. 3Wisconsin Supreme Court · 1868
3Cited by3 opinions
- Hein v. Village of FairchildWisconsin Supreme Court · 1894
- Koenig v. Town of ArcadiaWisconsin Supreme Court · 1889
- Prahl v. Town of WaupacaWisconsin Supreme Court · 1901