Schrunk v. Town of St. Joseph
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. Action for damages said to have been caused by insufficiency of a highway in the defendant town.
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Appeal from, a judgment of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. Action for damages said to have been caused by insufficiency of a highway in the defendant town. The insufficiency claimed was this: At the place of the accident the circumstances were such that surface water, to a depth of nine or ten feet measuring from the natural surface of the ground, and to a depth of three or four feet measuring from the surface of the made roadway, was liable to accumulate, covering the entire way for a distance of about eight rods; and to render travel practical at all…
1Opinion of the CourtMarshall, J.
If the evidence in this case conclusively shows contributory negligence on the part of respondent', as counsel for appellant claim, sustaining their contention that the trial court erred in refusing to grant their motion for a directed verdict and their contention that the one rendered, exonerating respondent from the charge of contributory negligence, is contrary to the evidence, then there is little need of discussing any other subject in this opinion; since, though •in that event, as the record stands, the cause must go back for a new trial, it does not seem probable that a second trial in…
2Cases cited10 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Rowley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Pumorlo v. City of MerrillWisconsin Supreme Court · 1905
- Jenewein v. Town of IrvingWisconsin Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.