Simonds v. City of Baraboo
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: R. G-. Siebeckee, Circuit Judge. This action was to recover compensation for personal injuries alleged to have been received by plaintiff because of a defective and insufficient street in tbe defendant city.
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Appeal from a judgment of tbe circuit court for Sauk county: R. G-. Siebeckee, Circuit Judge. This action was to recover compensation for personal injuries alleged to have been received by plaintiff because of a defective and insufficient street in tbe defendant city. About eight feet of one of tbe beveled planks on tbe outer edge of a cross-walk in tbe traveled portion of tbe street bad been broken out so as to leave a drop of about eight inches from tbe top of such cross-walk to the surface of tbe street at that point. Plaintiff approached such crossing from tbe side opposite tbe defect,…
1Opinion of the Court
'Mabshall, J.
The plaintiff testified that he knew, prior to the accident, of the existence of the defect; and, based on such evidence, a motion was-made at the close of plaintiff’s case for a nonsuit. It is insisted here that the denial of such motion was error, citing Beach, Contrib. Neg. § 37; Bruker v. Covington, 69 Ind. 33; Gilman v. Deerfield, 15 Gray, 577. Beach lays down the rale (1st ed. sec. 12), in effect, that where one knows the danger, but temporarily forgets it, and in consequence suffers an injury, his forgetfulness will not avail him as an excuse; that what he knows he must…
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