Jennings v. Town of Albion
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Trem pealeau county: A. ~W. Eewmae, Circuit Judge. Personal injuries. The plaintiff was riding on the back seat of a light spring wagon oyer a highway in the defendant town. The seat on which she was riding was a lumber-wagon seat, temporarily placed there, and not fastened down, but kept in place laterally by three-quarter inch strap-iron flanges.
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Appeal from a judgment of the circuit court for Trem pealeau county: A. ~W. Eewmae, Circuit Judge. Personal injuries. The plaintiff was riding on the back seat of a light spring wagon oyer a highway in the defendant town. The seat on which she was riding was a lumber-wagon seat, temporarily placed there, and not fastened down, but kept in place laterally by three-quarter inch strap-iron flanges. The plaintiff claims that there was a hollow across the highway about three feet deep and six feet in width, and that the sudden jar caused by the wheels of the wagon dropping into this hollow, and by…
1Opinion of the CourtWiNslow, J.
Two grounds of error are urged:
1. It is said that it should be held contributory negligence, as a matter of law, to ride upon a seat not anchored to the wagon. We cannot so hold. It must be held a question properly for the jury.
2. Upon the direct examination of one Hurlburt, a witness for defendant, who was the road master of the district, he gave testimony tending to show that the alleged hole in the road was a very slight depression of a few inches only in depth. Upon cross-examination by plaintiff’s attorney he was asked whether he and another man did not work with a team and scraper…
2Cited by5 opinions
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Heiden v. City of MilwaukeeWisconsin Supreme Court · 1937
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Beard v. GuildSupreme Court of Iowa · 1899
- Schmidt v. Town of FranklinWisconsin Supreme Court · 1916