Geuder, Paeschke & Frey Co. v. City of Milwaukee
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to recover for damages, alleged to bave been caused by a negligently designed, constructed, or maintained sewer. This is the .claim of plaintiff: In June, 1893, it owned a warehouse and store building, corner of Fifteenth street and St. Paul avenue, in the city of Milwaukee, and had stored in the basement a large stock of merchandise, composed, in part, of sheet tin.
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'Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to recover for damages, alleged to bave been caused by a negligently designed, constructed, or maintained sewer. This is the .claim of plaintiff: In June, 1893, it owned a warehouse and store building, corner of Fifteenth street and St. Paul avenue, in the city of Milwaukee, and had stored in the basement a large stock of merchandise, composed, in part, of sheet tin. The city sewer system in front of the building was not designed to take care of surface water and sewage in the manner it was…
1Opinion of the Court
Maeshall, T.
The judgment must be reversed for several reasons.
The_ trial court erred in changing the finding of the jury on the subject of damages, — nearly doubling the same. That is so clear as to be unexplainable, seemingly, except upon the theory that, it was thought the evidence of one interested witness on the subject of damages, not contradicted from the mouth of any other, is, necessarily, to be taken as true. Not so by any means. True, the nneontradicted, positive, consistent evidence of one witness, who personally knows whereof he testifies, even though a party, is controlling, if…
2Cases cited8 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jacoby v. City of GilletteWyoming Supreme Court · 1946
- Spitzer v. City of WaterburySupreme Court of Connecticut · 1931
- Guderyon v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1942
- Hamilton v. City of BismarckNorth Dakota Supreme Court · 1941
- Freitag v. City of MontelloWisconsin Supreme Court · 1967
13 more not listed; retrieve them via the Exa API.