Cuthbert v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action for injuries to plaintiff’s person caused by a defective sidewalk in the defendant city. The aver-ments of the pleadings in respect to the condition of such sidewalk are stated in the opinion.
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APPEAL from the Circuit Court for Outagamie County. Action for injuries to plaintiff’s person caused by a defective sidewalk in the defendant city. The aver-ments of the pleadings in respect to the condition of such sidewalk are stated in the opinion. On the trial, plaintiff, as a witness for himself, testified that he was a music teacher, played on the piano, organ and melo-deon, repaired instruments and tuned pianos, and that ire could now strike only seven notes, whereas, before the injury, he .could strike nine, and that, in consequence of this, he thought he “could not do half as much as…
1Opinion of the CourtCole, J.
For the purposes of tMs case, it may be conceded that the’question put the plaintiff while testifying in his own behalf, as to the amount of prospective damages he, as a music teacher, had sustained by the injury to his wrist, was improper. It is very evident *386that the jury were not influenced in tire least by bis answer to the question, since they gave him no prospective damages whatever. The plaintiff testified that he actually lost, in consequence of the injury, $515; and the jury rendered a verdict for only $500, less than the actual damages which the plaintiff had sustained at the time of…
2Cases cited1 opinion
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
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