Legal Opinion

Selleck v. City of Janesville

Wisconsin Supreme Court

Decided November 24, 1899PublishedCited by 43 opinions

Appeal from a judgment of tbe circuit court for Bock county: JohN E. Benkett, Circuit Judge. Action to recover damages resulting to plaintiff, as husband, from personal injuries suffered by his wife on October 18,1893, from an alleged, defective sidewalk upon, one of the-principal streets of the defendant; the defect alleged consisting in a generally defective and rotten condition of planks and stringers, whereby the planks were loose, so that as plaintiff’s wife was walking…

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Appeal from a judgment of tbe circuit court for Bock county: JohN E. Benkett, Circuit Judge. Action to recover damages resulting to plaintiff, as husband, from personal injuries suffered by his wife on October 18,1893, from an alleged, defective sidewalk upon, one of the-principal streets of the defendant; the defect alleged consisting in a generally defective and rotten condition of planks and stringers, whereby the planks were loose, so that as plaintiff’s wife was walking upon said sidewalk one of said planks was tipped up by another person stepping on the end thereof, her foot caught…

1Opinion of the CourtDodge, J.

1. Counsel for plaintiff argues that the liability of defendant is res judicata, by virtue of a previous judgment recovered by plaintiff’s wife for her own injuries. This contention has some support from decisions in states where the husband is a necessary party plaintiff to recover for the w-ife’s injuries, and the damages therefor belong to him. Under such circumstances the argument in favor of the conclusiveness of the judgment is difficult to escape; but where, as in Wisconsin, he is not a party to such action and *573not interested in the recovery, the reasons for conclusiveness all…

2Cases cited16 opinions

  1. Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
  2. Fore v. StateMississippi Supreme Court · 1898
  3. Duffies v. DuffiesWisconsin Supreme Court · 1890
  4. Berger v. JacobsMichigan Supreme Court · 1870
  5. Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897

11 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Lambert v. WrenschWisconsin Supreme Court · 1987
  2. Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
  3. Hawkins v. StateIndiana Supreme Court · 1941
  4. Womach v. City of St. JosephSupreme Court of Missouri · 1907
  5. Paulson v. StateWisconsin Supreme Court · 1903

38 more not listed; retrieve them via the Exa API.

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