Cunningham v. Lyness
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for injuries to the plaintiff from being forced from a pier into the Eox river at the city of Oshkosh,- in consequence, as is averred, of defendant’s negligence while driving a wagon from the ferry-boat on to the pier.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for injuries to the plaintiff from being forced from a pier into the Eox river at the city of Oshkosh,- in consequence, as is averred, of defendant’s negligence while driving a wagon from the ferry-boat on to the pier. Answer, a general denial, with notice that defendant would show that the injury was caused by the negligence of one Coughran, the improper construction of the pier, and the improper management of the ferry-boat. — The facts proven and the instructions given and refused by the court, will sufficiently…
1Opinion of the CourtCold, J.
On the trial, the court was requested on behalf of the defendant to instruct the jury, that if they should find *247from tRe evidence that tRe defendant did not use tRe ordinary care and diligence, still if tRey found tRat tRe plaintiff, Mrs. Cunningham, in occupying-tRe position sRe did upon tRe wharf, was guilty of negligence, and tRat sucR negligence on Rer part essentially contributed to tRe injury, tRen tRey must find for tRe defendant. TRis instruction tRe court refused to give, and to tRe refusal an exception was taken. It seems to us tRat tRe instruction was correct in terms as asked, and…
2Cases cited3 opinions
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Rothe v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
- Potter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1866
3Cited by20 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Travelers' Insurance v. MurraySupreme Court of Colorado · 1891
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
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