Richards v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action is to recover damages sustained by the plaintiff while traveling upon the sidewalk described in the defendant city, January 31, 1890, by reason of the negligence of the defendant in allowing such sidewalk to become defective and unsafe. The answer is, in effect, a general denial.
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APPEAL from the Circuit Court for Winnebago County. This action is to recover damages sustained by the plaintiff while traveling upon the sidewalk described in the defendant city, January 31, 1890, by reason of the negligence of the defendant in allowing such sidewalk to become defective and unsafe. The answer is, in effect, a general denial. At the close of the trial the jury returned a special verdict to the effect (1) that the plaintiff was not guilty of any want of ordinary care and prudence that contributed to the injury ; (2) that the defendant was guilty of negligence that caused the…
1Opinion of the CourtCassoday, J.
1. Error is assigned because the court refused to grant a nonsuit on the ground of the plaintiff’s contributory negligence. The accident occurred January 81, 1890, at about five o’clock p. m. The plaintiff was at the time sixty-three years of age, and testified, in effect, that she did not notice the ice on the walk at the place in question until she got onto it a little way; that she then said to her companion that it was a pity that they had not gone upon the other side of the street, since it was so icy there; that she then hesitated whether she should go back or go on; that she concluded…
2Cases cited6 opinions
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Stilling v. Town of ThorpWisconsin Supreme Court · 1882
- Kenworthy v. Town of IrontonWisconsin Supreme Court · 1877
- Schroth v. City of PrescottWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Poneitowcki v. HarresWisconsin Supreme Court · 1930
- Barrett v. Village of HammondWisconsin Supreme Court · 1894
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
- Kreider v. Wisconsin River Paper & Pulp Co.Wisconsin Supreme Court · 1901
- Jensen v. Town of Oconto FallsWisconsin Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.