Legal Opinion

Morrison v. City of Madison

Wisconsin Supreme Court

Decided June 11, 1897PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Dane .county: R. G-. SiebboKee, Circuit Judge. On the 29th day of November, 1893, plaintiff’s testator,, while traveling on foot on the cross-walk from the west to-the east side of Park street, a much-used public thoroughfare-in the city of Madison, Wisconsin, and when about midway of the apron constructed from the sidewalk on the west side-' of the street to the macadam portion of such street, slipped,: fell, and struck upon…

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Appeal from a judgment of the circuit court for Dane .county: R. G-. SiebboKee, Circuit Judge. On the 29th day of November, 1893, plaintiff’s testator,, while traveling on foot on the cross-walk from the west to-the east side of Park street, a much-used public thoroughfare-in the city of Madison, Wisconsin, and when about midway of the apron constructed from the sidewalk on the west side-' of the street to the macadam portion of such street, slipped,: fell, and struck upon his hip, thereby causing to him a serious bodily injury, from the effects of which he subsequently died. This action was…

1Opinion of the CourtMIaRshall, J.

The single question presented in this case is, "Was the cross-walk, where the deceased was injured, defective as a matter of law? The facts in regard to its construction and condition are all undisputed; yet if there was any room for honest differences of opinion among reasonable men of unbiased minds in respect to the inferences that should be drawn therefrom regarding the fact in issue, then it -was for the jury, and not the court, to draw the correct inference. It is only when the facts are undisputed, and • the reasonable inferences therefrom in regard to the ultimate fact in issue are…

2Cases cited10 opinions

  1. Hill v. City of Fond du LacWisconsin Supreme Court · 1882
  2. Cook v. City of MilwaukeeWisconsin Supreme Court · 1870
  3. Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
  4. Perkins v. City of Fond du LacWisconsin Supreme Court · 1874
  5. Schroth v. City of PrescottWisconsin Supreme Court · 1885

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

3Cited by2 opinions

  1. Dougan v. City of SeattleWashington Supreme Court · 1913
  2. Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911

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