Strup v. Edens
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lae County. The action below was by Edens against Strap, for an injury to the daughter of the former done by the horses of the latter when running away. After a nonsuit had been denied, and after Sirup had introduced his evidence, there was a verdict and judgment for Edens.
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ERROR to the Circuit Court for Fond du Lae County. The action below was by Edens against Strap, for an injury to the daughter of the former done by the horses of the latter when running away. After a nonsuit had been denied, and after Sirup had introduced his evidence, there was a verdict and judgment for Edens. The only question here was, whether, when the nonsuit was denied, negligence on the part of the plaintiff in error had been shown. to the point that the law will not infer negligence merely from the injury, cited Terry v. P. B., 22 Barb., 586; Cox v. Burhridge, 106 E. C. L., 430;…
1Opinion of the CourtPaine, J.
This action was brought for an injury to the plaintiff’s daughter, occasioned by the horses of the defendant while running away. The only exception urged here, is to. the refusal of the court to grant the motion for a non-suit. But at the time that motion was made, there was evidence tending to show that the horses were not properly hitched. The evidence of Smith tended to show that. And, in addition to his evidence, the fact that the horses got loose and ran away is some evidence of negligence. It is true, such a thing might occur notwithstanding due care in hitching. But-such would not he…
2Cited by7 opinions
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- Gorsuch v. SwanTennessee Supreme Court · 1902
- Hollaran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
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