Peake v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Yustje, Circuit Judge. This is an action for personal injuries resulting to the plaintiff from a fall upon the street in the city of Superior August 2,1898. The evidence showed that the plaintiff was a cripple, and was accustomed to ride about the streets of Superior, going to and from his business, in a tricycle.
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Appeal from a judgment of the circuit court for Douglas county: A. J. Yustje, Circuit Judge. This is an action for personal injuries resulting to the plaintiff from a fall upon the street in the city of Superior August 2,1898. The evidence showed that the plaintiff was a cripple, and was accustomed to ride about the streets of Superior, going to and from his business, in a tricycle. On-the day of the accident he was riding upon one of the streets of the city, and endeavored to cross from the pavement of the street to the sidewalk on the corner of Ogden avenue and Eleventh street. At this…
1Opinion of the CourtWiNslow, J.
It is entirely plain that the first question of the special verdict covers two controverted issues in the case, viz.: (1) Whether there was a defect in the street; and (2) whether it had existed so long that the city officials should have known and repaired it. ' The question was answered in the negative, but no one can say whether this answer means that there was no defect, or that there was a defect but that it was so recent that the city was not chargeable with notice thereof. This, however, is not the most serious vice in the question. Some of the jury may have been satisfied that there…
2Cases cited3 opinions
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Carroll v. BohanWisconsin Supreme Court · 1877
- Draper v. Town of IrontonWisconsin Supreme Court · 1877
3Cited by12 opinions
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Weiss v. City of MilwaukeeWisconsin Supreme Court · 1977
- Cullen v. HanischWisconsin Supreme Court · 1902
- Conrardy v. Sheboygan CountyWisconsin Supreme Court · 1956
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
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