Whitney v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to recover damages for personal injuries alleged to have been caused by the defective and unsafe condition of a cross-walk in the defendant city. The cause has been before this court on an appeal from an order overruling a demurrer to the complaint.
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APPEAL from the County Court of Milwaukee County. Action to recover damages for personal injuries alleged to have been caused by the defective and unsafe condition of a cross-walk in the defendant city. The cause has been before this court on an appeal from an order overruling a demurrer to the complaint. That order was affirmed. 57 Wis. 639. After the cause was remitted to the county court, the defendant answered, and a trial was had which resulted in a verdict in favor of the plaintiff assessing his damages at $24.27. A motion by the plaintiff for a new trial was denied, and from the…
1Opinion of the CourtOetoN, J.
It was held when this case was here before (57 Wis. 639) that the court could not say, as a matter of law, that the cross-walk was in all respects sufficient, as described in the complaint. This was equivalent to holding that if the cross-walk was proved on the trial to be as described in the complaint, its sufficiency was a question to be left with the jury as a question of fact. The evidence was that the cross-walk was substantially as described in the complaint, so that the jury w-as warranted in finding that it was insufficient, as they must have done by their general *411verdict for the…
2Cases cited2 opinions
- Ames v. MeehanWisconsin Supreme Court · 1885
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1883
3Cited by24 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Chatelain v. ThackerayUtah Supreme Court · 1940
- Doody v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Fulmele v. ForrestSuperior Court of Delaware · 1913
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