Donner v. Graap
Wisconsin Supreme Court
'Appeal from an order of the superior court of Lincoln county: Almon A. Helms, Judge. The appeal is from an order setting aside a directed verdict and the judgment entered thereon in favor of the defendant and granting the plaintiff a new trial.
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'Appeal from an order of the superior court of Lincoln county: Almon A. Helms, Judge. The appeal is from an order setting aside a directed verdict and the judgment entered thereon in favor of the defendant and granting the plaintiff a new trial. The complaint of the plaintiff, by her guardian, sets forth, among other things, that she is an infant, and that on the 19th day of June, 1904, the defendant did carelessly and negligently strike her a severe blow in the face with a large, heavy beer glass, and thereby caused her injury. The defendant demurred to the complaint on the ground, among…
1Opinion of the CourtBashfoRD, J.
The trial court in granting the order appealed from states as the reason therefor:
“That the complaint is based upon a careless and negligent battery on plaintiff, and that the limitations prescribed by sec. 4222, Stats. (1898), and the provisions of subd. 5 of said section, do not apply; that the statute of limitations fixed by sec. 4224, Stats. (1898), does apply.”
An application of these statutes to the cause of action stated presents the question to be determined on this appeal. Subd. 5 of sec. 4222 prescribes a six-year limitation upon actions to recover damages for an injury to the…
2Cases cited6 opinions
- Vosburg v. PutneyWisconsin Supreme Court · 1891
- Ott v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Perkins v. Stein & Co.Court of Appeals of Kentucky · 1893
- Degenhardt v. HellerWisconsin Supreme Court · 1896
- Rieger v. Fahys Watch-Case Co.New York City Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCluskey v. SteinhorstWisconsin Supreme Court · 1970
- Brabazon v. Joannes Bros.Wisconsin Supreme Court · 1939
- Raefeldt v. KoenigWisconsin Supreme Court · 1913
- Newman v. ChristensenNebraska Supreme Court · 1948
- State v. LehmanSupreme Court of Minnesota · 1915
2 more not listed; retrieve them via the Exa API.