Kaples v. Orth
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassoday: ■ “ The defendants, as partners, were dealers in ice, which they delivered to their customers in the city of Milwaukee. The plaintiff was a dealer in fruits, etc., and had a stand on the corner of Division and East Water streets, in Milwaukee.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassoday: ■ “ The defendants, as partners, were dealers in ice, which they delivered to their customers in the city of Milwaukee. The plaintiff was a dealer in fruits, etc., and had a stand on the corner of Division and East Water streets, in Milwaukee. In the basement of the building on such corner was a fish-market, with access to it by stairs leading down oh the East Water street side of the building. On the day of the injury in question it was very hot, and the plaintiff, being oppressed with the…
1Opinion of the CourtCassoday, J.
The mere fact that the plaintiff on a hot day left her place of business and sat down upon the stairs near by in the shade to rest, does not authorize us to say as a matter of law that she was guilty of contributory negligence (Murray v. McShane, 52 Md. 217; S. C. 36 Am. Rep. 369); especially upon her testimony, which the jury may have found to be true, to the effect that she did not know of the presence of the servant of the defendants until just at the time of the injury. The servant testified that he had just previously passed down and up the stairs. But she testified that she did not see…
2Cases cited7 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
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3Cited by35 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Anderson v. McCarthy Dry Goods Co.Washington Supreme Court · 1908
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