Matson v. Dane County

A number of interesting questions are argued by counsel on both sides that need not be treated because of the conclusions reached on the facts. Counsel for plaintiffs argue that the findings charging plaintiffs with contributory negligence and constructive notice of the waterhole are not supported by the evidence. As to the latter, a verdict finding that Mr. Matson had actual notice of the existence of the water-hole some time before the drowning would find support in the evidence, and the finding of constructive notice has stronger support therein and cannot be set aside.

Had the jury…