Legal Opinion · Concurrence

Donner v. Graap

Wisconsin Supreme Court

Decided February 18, 1908Published

'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…

1ConcurrenceTimliN, J.

It was a summer evening on the road in front of Eehrman’s saloon. The plaintiff was at that stage of young womanhood when her face was a considerable part of her fortune. The defendant was one of those young men who find it difficult or impossible to combine dexterity with celerity. With others they formed a friendly group, in the midst of which defendant turned around hastily while holding in his hands a beer glass which he seemed desirous of replenishing. In turning he unintentionally brought the beer glass in contact with plaintiff’s face, - cutting her lips and breaking several of her…

2Cases cited4 opinions

  1. Ott v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
  2. Perkins v. Stein & Co.Court of Appeals of Kentucky · 1893
  3. Howard v. TylerSupreme Court of Vermont · 1874
  4. Rieger v. Fahys Watch-Case Co.New York City Court · 1891

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