Schroeder v. City of Baraboo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk ^county: R. G-. Siebeokee, Circuit Judge. Action for damages alleged to have been caused to plaintiff’s property by negligence on the part of the defendant. Plaintiff owned lot 12, block 32, city of Baraboo, being the .corner lot bounded by Birch street on the east and by Second street on the south. There was a building on the southeast corner of the lot.
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Appeal from a judgment of the circuit court for Sauk ^county: R. G-. Siebeokee, Circuit Judge. Action for damages alleged to have been caused to plaintiff’s property by negligence on the part of the defendant. Plaintiff owned lot 12, block 32, city of Baraboo, being the .corner lot bounded by Birch street on the east and by Second street on the south. There was a building on the southeast corner of the lot. The lower or basement story was ■about four feet below the surface of the street, with an area way on the east side, between the building and the street I-ine, eight feet wide, extending…
1Opinion of the CourtMaRshalu, J.
Was the nonsuit properly granted? That is the sole question for consideration, and it turns on whether,, giving plaintiff’s evidence the most favorable construction.*99it 'will reasonably bear, including all reasonable inferences arising therefrom, and assuming that it establishes all the facts it tends to prove, it will support a judgment in plaintiff’s favor. Spensley v. Lancashire Ins. Co. 54 Wis. 433. In applying this rule, we must bear in mind that the evidence tends to show that the old drain was constructed in part at least by public authority; that some control was exercised over it by…
2Cases cited11 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
- Robb v. City of MilwaukeeWisconsin Supreme Court · 1942
- Virovatz v. City of CudahyWisconsin Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.