Olson v. Town of Luck
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Pollt county: A. J. YiNje, Circuit Judge. Tbe plaintiff sued tbe defendant town for personal injuries sustained by being thrown from a wagon in which she was riding; her fall being caused, as she claims, by the wagon striking a large projecting rock in a highway of the town just at the side of the traveled track.
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Appeal from a judgment of tbe circuit court for Pollt county: A. J. YiNje, Circuit Judge. Tbe plaintiff sued tbe defendant town for personal injuries sustained by being thrown from a wagon in which she was riding; her fall being caused, as she claims, by the wagon striking a large projecting rock in a highway of the town just at the side of the traveled track. It appeared on the trial that one Stone was driving, and that he and the plaintiff were riding in a one-horse wagon, when from some cause both of them were thrown out, and the horse ran away, and left the wagon at a point about a" mile…
1Opinion of the CourtWinslow, J.
Inasmuch, as no exceptions to the charge oí the court were filed during the trial term, no errors can be successfully assigned upon the charge. Stats. 1898, sec. 2869; Circuit Court Rule XXIV, sec. 3. Nor can we say that it was error to refuse to submit to the jury, as a part of the special verdict, the questions submitted by the defendant as to the alleged contributory negligence of the driver of the horse. Such negligence, if there was any, would, on familiar principles, be imputable to the plaintiff, and, in legal effect, would become her negligence. Ritger v. Milwaukee, 99 Wis. 190. So,…
2Cases cited3 opinions
- Barrett v. Village of HammondWisconsin Supreme Court · 1894
- Shaw v. President of the Sun PrairieWisconsin Supreme Court · 1889
- Ritger v. City of MilwaukeeWisconsin Supreme Court · 1898
3Cited by11 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Reiter v. GroberWisconsin Supreme Court · 1921
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