Small v. Town of Prentice
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Price county: E. B. Buhdt, Judge. Action for injury on a defective sidewalk. Tbe complaint alleged tbe defect as follows: “ That said walk bad become uneven from use, by tbe snow having sunk lower in some places than in others by incessant travel thereon, and tbe snow and ice bad been allowed to accumulate on said walk, to become so rough and uneven, thereby making it dangerous and unsafe to travel thereon.”
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Appeal from a judgment of tbe circuit court for Price county: E. B. Buhdt, Judge. Action for injury on a defective sidewalk. Tbe complaint alleged tbe defect as follows: “ That said walk bad become uneven from use, by tbe snow having sunk lower in some places than in others by incessant travel thereon, and tbe snow and ice bad been allowed to accumulate on said walk, to become so rough and uneven, thereby making it dangerous and unsafe to travel thereon.” Tbe plaintiff fell and broke bis leg,while passing over this walk from tbe hotel to tbe depot, in tbe village of Prentice. Tbe complaint…
1Opinion of the CourtBardeen, J.
Many exceptions taken to the reception of evidence are assigned as error, and argued by counsel for defendant. They especially ask a ruling upon the failure or refusal of the referee to require the plaintiff to appear for cross-examination, or to strike out his testimony given *259on rebuttal. The condition of the record renders us powerless to pass on these questions. It has long been the ruling of this court that objections taken before the referee must be renewed before the court on the motion to confirm or to modify or set aside the report, and the rulings of the court thereon preserved in…
2Cases cited4 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- McDonnell v. SchrickerWisconsin Supreme Court · 1878
3Cited by3 opinions
- Simanek v. NemetzWisconsin Supreme Court · 1903
- Nack v. StateWisconsin Supreme Court · 1926
- Berning v. GieseWisconsin Supreme Court · 1957