Miller v. Town of Casco
Wisconsin Supreme Court
Appeal from an order of the circuit court for Kewaunee county: Michael Kiewah, Circuit Judge. This is an action to recover damages for injuries suffered by the plaintiff by reason of being thrown from her buggy while riding upon a highway in the defendant town on the last day of September, 1900. The plaintiff’s claim is that the highway was defective by reason of a hole at one end of a small bridge or culvert in the road in which the overseer of highways had placed certain…
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Appeal from an order of the circuit court for Kewaunee county: Michael Kiewah, Circuit Judge. This is an action to recover damages for injuries suffered by the plaintiff by reason of being thrown from her buggy while riding upon a highway in the defendant town on the last day of September, 1900. The plaintiff’s claim is that the highway was defective by reason of a hole at one end of a small bridge or culvert in the road in which the overseer of highways had placed certain sticks or pieces of wood to warn travelers of the defect, and at which sticks the plaintiff’s horse became frightened,…
1Opinion of the CourtWiNsnow, J.
The order setting aside the verdict and granting a new trial in this case was not an order made in the exercise of that general discretion which the trial court has on the subject. It was an order based solely on the legal conclusion that the special verdict was inconsistent and evasive. If this was a mistaken conclusion, then the order should be reversed. It cannot be sustained on the ground that it was an exercise of the court’s discretion, because that ground is negatived by the terms of the order itself. Mullen v. Fleinig, 68 Wis. 408, 32 N. W. 293. The simple question presented by the…
2Cases cited1 opinion
- Mullen v. ReinigWisconsin Supreme Court · 1887
3Cited by3 opinions
- Fondell v. Lucky Stores, Inc.Wisconsin Supreme Court · 1978
- Will of PrasserWisconsin Supreme Court · 1909
- Westenberg v. BhendWisconsin Supreme Court · 1921