Kavanaugh v. City of Janesville
Wisconsin Supreme Court
APPEAL from tire Circuit Court for Rode County. Action by Kavanaugli and wife for injuries to the latter, caused by a sidewalk and cross-walk being out of repair and unsafe.
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APPEAL from tire Circuit Court for Rode County. Action by Kavanaugli and wife for injuries to the latter, caused by a sidewalk and cross-walk being out of repair and unsafe. The circuit court gave the jury the following, among other instructions: “If the sidewalk and cross-walk wher%Mrs. Kavanaugli was injured, were not in proper condition for the reasonably safe passage of footmen, and the injury was caused by their defective and unsafe condition, the plaintiffs are entitled to recover, provided her negligence did not contribute to the injury. But if, by the exercisé of ordinary care and…
1Opinion of the CourtCole, J.
It appears to us, that it cannot, with any justice, be said, that the verdict in this case is unsupported by the evidence. Eor there certainly is considerable testimony from which the jury might well have found that the sidewalk and gutter, where the injury occurred, were in an unsafe and dangerous condition. If we rej ect entirely the testimony of the plaintiffs as to the condition of the walk, then the testimony of the other witnesses on the part of the plaintiffs would fully warrant the jury in finding that the injury to Mrs. Karnaugh was caused by the defective and unsafe condition of the…
2Cases cited1 opinion
- Barnes v. MartinWisconsin Supreme Court · 1862
3Cited by16 opinions
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- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Schwartz v. City of MilwaukeeWisconsin Supreme Court · 1972
- Henderson v. ColemanWyoming Supreme Court · 1911
- McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
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