Russe v. Rogers
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas ■county: Chaeles Smith, Judge. This is an action to recover damages for personal injuries ■■suffered by the plaintiff May 4, 1902, at which time she was a child of the age of about five years.
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Appeal from a judgment of the superior court of Douglas ■county: Chaeles Smith, Judge. This is an action to recover damages for personal injuries ■■suffered by the plaintiff May 4, 1902, at which time she was a child of the age of about five years. At the date last mentioned, and for some time prior thereto, the defendants were ■copartners in the lumber business at Superior, Wisconsin, and maintained and operated a lumber yard at that city, •which abutted for some distance on the west side of Grand • avenue, a street of that city running north and south and 100 feet in width. The evidence…
1Opinion of the CourtWiNsnow, J.
A number of detail errors are alleged, which will be considered before proceeding to the main question on the merits of the case. Eirst it is claimed that it was error to admit evidence showing merely defective and unstable piling of the timber, because it is said that this was not the negligence complained of in the complaint. The consideration of this objection requires some further statement of the facts. In the complaint it is alleged that the defendants maintained a large crane or derrick in their yard near the pile of timbers in question, which was used to unload cars, and which had a…
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