Flaherty v. Harrison
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: Joeut K. Parish, Circuit Judge. Action to recover damages for personal injuries.
Read the full summary
Appeal from a judgment of the circuit court for Ashland county: Joeut K. Parish, Circuit Judge. Action to recover damages for personal injuries. The complaint is to the effect that plaintiff approached defendant’s street-car track, located on Second street, in the city of-Ashland, Wisconsin, from the south,'traveling on a cross street known as “Ninth Avenue West;” that he was riding in a wagon, driving a team hitched thereto; that at the intersection of the streets there was a building on one side and a high bill board on the other, which so obstructed his view that he could not see an…
1Opinion of the CourtMaeshall, J.
The question for decision on this appeal is, Does the evidence warrant the verdict and the judgment, under the rule that, if there is any credible evidence in that regard, which, if believed, is sufficient therefor, the ruling of the trial court, refusing to grant a new trial for insufficiency of evidence, will not be disturbed on appeal?
It is apparent at the outset that there was an entire failure to establish the facts pleaded to show actionable negligence. While it is alleged that plaintiff was driving his team across the street railway track at the time of the injury, the evidence shows…
2Cases cited3 opinions
- Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
- Doster v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1895
- Eastwood v. La Crosse City Railway Co.Wisconsin Supreme Court · 1896
3Cited by36 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
31 more not listed; retrieve them via the Exa API.