Schweikert v. John R. Davis Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price, county: E. B. Beldeu, Judge. This action is brought to recover damages for personal injury. The defenses interposed were (1) a release and settlement; (2) contributory negligence on the part of the plaintiff; and (3) no negligence on the part of the defendant. A special verdict consisting of twenty-oñe questions was returned by the jury.
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Appeal from a judgment of the circuit court for Price, county: E. B. Beldeu, Judge. This action is brought to recover damages for personal injury. The defenses interposed were (1) a release and settlement; (2) contributory negligence on the part of the plaintiff; and (3) no negligence on the part of the defendant. A special verdict consisting of twenty-oñe questions was returned by the jury. The first, second, seventh, ninth, eleventh, twelfth, thirteenth, and sixteenth questions and the answers returned thereto are as follows: “(1) Did the plaintiff execute the contract of settlement and…
1Opinion of the CourtBarnes, J.
The court set aside the answers of the jury to the second, seventh, ninth, eleventh, thirteenth, and sixteenth questions in the verdict, and in substance held as a matter of law (1) that the plaintiff was competent to make the settlement and to sign the release which he executed; (2) that defendant was not negligent; and (3) that the plaintiff was guilty of contributory negligence. If the trial court was right as to any of these questions the judgment must be affirmed.
Plaintiff’s left leg was badly fractured and bruised and his head was cut and his skull fractured over the right eye. He…
2Cases cited8 opinions
- Lusted v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
- Steffen v. Supreme Assembly of the DefendersWisconsin Supreme Court · 1907
- Mensforth v. Chicago Brass Co.Wisconsin Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Olfe v. GordonWisconsin Supreme Court · 1980
- L. J. Dowell, Inc. v. United Pacific Casualty InsuranceWashington Supreme Court · 1937
- Nath v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1913
- Miller v. Paine Lumber Co.Wisconsin Supreme Court · 1930
- Rayborn v. Galena Iron Works Co.Wisconsin Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.