Hart v. Town of Red Cedar
Wisconsin Supreme Court
APPEAL from the Circuit Court for -Dunn Comity. Action to recover damages for personal injuries alleged to have been received by the plaintiff, by reason of the defective and unsafe condition of a public highway in the defendant town.
Read the full summary
APPEAL from the Circuit Court for -Dunn Comity. Action to recover damages for personal injuries alleged to have been received by the plaintiff, by reason of the defective and unsafe condition of a public highway in the defendant town. The jury returned a special verdict, which was as follows: “ (1) Did the plaintiff, on the 20th day of July, 1881, while driving from Menomonee to his home in Spring Brook, over a road in defendant town, receive injuries to his person by being thrown from his wagon? Tes. [The court directed this answer.] (2) Was the road upon which the plaintiff was traveling…
1Opinion of the CourtLxoN, J.
1. The jury have found the existence of every fact essential to the plaintiff’s right to recover. Hence, if the verdict is upheld, and no error outside the verdict has intervened, the judgment cannot be disturbed. The verdict covers all material and controverted issues of fact made by the pleadings, and we think the various questions submitted to the jury are quite unobjectionable in form. A criticism is made upon the use of the term “road”'in the first question. It is claimed that the term is the equivalent of “public highway,” and that by directing an affirmative answer to the question the…
2Cases cited4 opinions
- Buchanan v. CurtisWisconsin Supreme Court · 1869
- Hanson v. TaylorWisconsin Supreme Court · 1869
- Scribner v. BluteWisconsin Supreme Court · 1871
- Blute v. ScribnerWisconsin Supreme Court · 1868
3Cited by12 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.