Kurtz v. Pauly
Wisconsin Supreme Court
.Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit judge. This is an action to recover damages for personal injuries sustained through the falling down of a small balcony or platform located at the rear of an upper flat. On August 2, 1913, the plaintiff, a widow, with her family of three children occupied the upper flat at 633 Seventh street, in the city of Milwaukee, of. which the defendant Caroline Pauly was the owner.
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.Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit judge. This is an action to recover damages for personal injuries sustained through the falling down of a small balcony or platform located at the rear of an upper flat. On August 2, 1913, the plaintiff, a widow, with her family of three children occupied the upper flat at 633 Seventh street, in the city of Milwaukee, of. which the defendant Caroline Pauly was the owner. The defendant L. C. Pauly, ■Jr., had full charge and control over the handling and renting of the property. Attached to the rear of…
1Opinion of the CourtSiebeciceR, J.
The jury by their special verdict found that the balcony was not in a reasonably safe condition for the uses for which it was intended when the plaintiff leased the premises and that the defendants had knowledge of this unsafe condition at the time they leased the premises to the plaintiff. The trial judge of the civil court refused to set aside these findings of the jury and awarded plaintiff judgment for the recovery of the damages found. The circuit court on appeal set aside this judgment upon the ground that the evidence reported in the record did not sustain the findings of the jury that…
2Cases cited2 opinions
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