Koch v. City of Ashland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action to recover damages to the plaintiff by falling on an icy sidewalk. Snow had been permitted to remain and accumulate upon the sidewalk until the travel over it had formed a ridge twelve to fourteen inches high, which was rough and slippery. The street was in a similar condition. The walk had been in substantially the same condition from about Christmas of 1891 to January 12,1892, the time of the plaintiff’s accident.
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APPEAL from the Circuit Court for Ashland County. Action to recover damages to the plaintiff by falling on an icy sidewalk. Snow had been permitted to remain and accumulate upon the sidewalk until the travel over it had formed a ridge twelve to fourteen inches high, which was rough and slippery. The street was in a similar condition. The walk had been in substantially the same condition from about Christmas of 1891 to January 12,1892, the time of the plaintiff’s accident. There had been a thaw the day before the accident, and a freezing the night before. The plaintiff slipped and fell and was…
1Opinion of the CourtNewman, J.
It is claimed that the court erred in denying motions for a nonsuit, for the direction of a verdict for the defendant, and for a new trial. These motions were all based upon the theory that the evidence was insufficient to support a verdict for the plaintiff. But there was testimony on all controverted points sufficient to support a verdict for the plaintiff, if believed by the jury. And the proper inferences to be drawn from undisputed facts were debatable. On the whole case, the testimony ■was sufficient to be submitted to the jury and to sustain the verdict which it returned.
Numerous…
2Cited by5 opinions
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