Du Cate v. Town of Brighton
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wood county: Ojias. M. Webb, Circuit Judge. Tbe appeal is from a judgment rendered in an action for personal injury caused by a defective highway. The defendant is one of the towns of Marathon county, and the venue was changed to Wood county by consent.
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Appeal from a judgment of tbe circuit court for Wood county: Ojias. M. Webb, Circuit Judge. Tbe appeal is from a judgment rendered in an action for personal injury caused by a defective highway. The defendant is one of the towns of Marathon county, and the venue was changed to Wood county by consent. There the case was tried and resulted in a special verdict as follows, omitting a question answered by the court: “(2) Was the place where the plaintiff was injured at or about 115 rods east of the quarter-post mentioned in the complaint, and within about two rods of the hole or gully in the…
1Opinion of the Court
Timlin, T.
1. We must hold that upon the evidence there was a prima facie case made against the defendant, and therefore errors assigned in denying defendant’s motion for a nonsnit and its motion to direct a verdict in its favor and its motion for judgment notwithstanding the verdict and its motion to amend the verdict by changing answers to questions must be overruled. It would serve no good purpose to again incorporate the evidence into the report of this case. It would merely show a case of the plaintiff lawfully using the highway, the existence of one of the ordinary defects common to…
2Cases cited30 opinions
- State v. WrothWashington Supreme Court · 1896
- Havenor v. StateWisconsin Supreme Court · 1905
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Shaw v. GilbertWisconsin Supreme Court · 1901
25 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. MurphyNorth Dakota Supreme Court · 1908
- State v. MimsSupreme Court of Minnesota · 1975
- State v. BurtonWisconsin Supreme Court · 1983
19 more not listed; retrieve them via the Exa API.