Achtenhagen v. City of Watertown
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Jefferson County. Tbe action in tbe court below was brought by Christian Achtenhagen, as administrator of tbe estate of Otto Achtenha-gen, deceased, to recover damages from tbe City of Watertown under secs. 12 and 13, cb. 135, R. S. Tbe cause of action alleged in tbe complaint is, that tbe plaintiff’s intestate (who was also his son and an infant), while passing across a bridge over Rock river, within tbe corporate limits of said city, fell…
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ERROR to tbe Circuit Court for Jefferson County. Tbe action in tbe court below was brought by Christian Achtenhagen, as administrator of tbe estate of Otto Achtenha-gen, deceased, to recover damages from tbe City of Watertown under secs. 12 and 13, cb. 135, R. S. Tbe cause of action alleged in tbe complaint is, that tbe plaintiff’s intestate (who was also his son and an infant), while passing across a bridge over Rock river, within tbe corporate limits of said city, fell through a large bole in said bridge and was drowned, without any negligence on bis part, and wholly in consequence of tbe…
1Opinion of the Court
By the Court,
Dixoít, C. J.
Adhering to the rule given in Milwaukee & Chicago R. R. Co. v. Hunter, 11 Wis., 160, that the plaintiff in an action .for injury sustained by the negligence of another, is not bound in the first instance to show that he *333bimself was not guilty of negligence which contributed to the injury, but that it is enough if the proof introduced, and the circumstances attending the injury, establish prima facie that the injury was occasioned by the negligence of the defendant, still we think the nonsuit properly granted in this case. If the plaintiff’s own evidence raises an…
2Cases cited1 opinion
- Milwaukee & Chicago R. R. v. HunterWisconsin Supreme Court · 1860
3Cited by17 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
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