Fitzgerald v. Town of Weston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca, County. The plaintiff, as administratrix, sued to recover damages for injuries to her intestate resulting in his death, alleged to have been caused by a defective highway in the defendant town. The answer alleged that the injury was caused by the negligence of the deceased. The plaintiff had a verdict; a neW trial was refused; and defendant appealed from a judgment on the verdict.
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APPEAL from the Circuit Court for Waupaca, County. The plaintiff, as administratrix, sued to recover damages for injuries to her intestate resulting in his death, alleged to have been caused by a defective highway in the defendant town. The answer alleged that the injury was caused by the negligence of the deceased. The plaintiff had a verdict; a neW trial was refused; and defendant appealed from a judgment on the verdict. The errors alleged, so far as they became important here, will appear from the opinion.
1Opinion of the CourtCole, C. J.
We are inclined to hold the exception which was taken to that part of the charge in respect to the intoxication of the deceased when he was injured, as well taken. There was testimony which tended to prove that the deceased had been drinking freely on the day of the accident. It was claimed by the defendant town that he was intoxicated on that day, and was driving carelessly and recklessly when he approached the obstruction in the highway. The learned circuit judge at first charged, in substance, that there was evidence as to the deceased being intoxicated at the time he was injured, *356which…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Sorenson v. DundasWisconsin Supreme Court · 1877
- Burns v. Town of ElbaWisconsin Supreme Court · 1873
- Mutcha v. PierceWisconsin Supreme Court · 1880
3Cited by12 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Welty v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1886
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1894
- Northern Pac. R. v. GraftCourt of Appeals for the Ninth Circuit · 1895
- Dowell v. City of RaleighSupreme Court of North Carolina · 1917
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