Griffin v. Town of Willow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. Action by husband and wife for injuries to their persons, alleged to have been caused by a defective highway.
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APPEAL from the Circuit Court for Richland County. Action by husband and wife for injuries to their persons, alleged to have been caused by a defective highway. The evidence of the plaintiffs tended to show that at the place where the accident occurred, a ditch and water-break ran diagonally across the road, and that, upon the plaintiff husband driving his wagon into this ditch, the axle-tree was broken, the wife was thrown- from, the wagon, the horses ran away, and both plaintiffs sustained personal injuries. Witnesses for the defendant were permitted, against objection, to answer the…
1Opinion of the CourtRyan, C. J.
The mere opinion of the respondent’s witnesses upon the safety of the highway was of course inadmissible. Kelley v. Fond du Lac, 31 Wis., 179. It must have been admitted by inadvertence. The learned counsel for the respondent is too good a lawyer to deny the error. He took the position, however, that the admission of the opinion of the witnesses is immaterial, because the great weight of direct *512evidence upon the condition of the highway must have led the jury to the same opinion. This court cannot say so. It was for the jury to determine the weight to he given to the testimony of the several…
2Cases cited2 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
3Cited by11 opinions
- City of Parsons v. LindsaySupreme Court of Kansas · 1881
- Ditberner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Duthie v. Town of WashburnWisconsin Supreme Court · 1894
- Nass v. SchulzWisconsin Supreme Court · 1899
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
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