Hoyt v. City of Hudson
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. Action to recover damages for personal injuries sustained by the defendant by reason of ice and snow, which, it is alleged, the defendant negligently suffered to collect and remain on a sidewalk in one of its public streets. The answer denies that such injuries were caused by negligence on defendant’s part, and alleges that plaintiff was guilty of negligence, which was the sole cause of the injury.
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APPEAL from the Circuit Court for St. Croix County. Action to recover damages for personal injuries sustained by the defendant by reason of ice and snow, which, it is alleged, the defendant negligently suffered to collect and remain on a sidewalk in one of its public streets. The answer denies that such injuries were caused by negligence on defendant’s part, and alleges that plaintiff was guilty of negligence, which was the sole cause of the injury. On the trial, plaintiff proved that he slipped upon the sidewalk and broke his leg, and gave evidence tending to show that the' city negligently…
1Opinion of the CourtLyoN, J.
In tbe record before us we find no affirmative evidence from which tbe jury could properly find that the plaintiff was guilty of any negligence "which contributed proximately to cause the injury of which he complains. The jury were instructed, however, that the burden was upon the plaintiff to prove that he was in the exercise of due care, when injured. Inasmuch as the plaintiff failed to make any such proof, if the instruction is correct, the jury should-have'been directed to return a verdict for the. defendant. But the learned circuit judge further instructed the jury that if the…
2Cases cited3 opinions
- Chamberlain v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Milwaukee & Chicago R. R. v. HunterWisconsin Supreme Court · 1860
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1855
3Cited by28 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
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