Hammond v. Town of Mukwa
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Action for injuries to the plaintiff wife alleged to have been caused by tbe defective condition of a highway in the defendant town. The plaintiffs had a verdict for $5,000 damages; the court refused a new trial, and rendered judgment in accordance with the verdict; and defendant appealed.
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APPEAL from the Circuit Court for Waupaca County. Action for injuries to the plaintiff wife alleged to have been caused by tbe defective condition of a highway in the defendant town. The plaintiffs had a verdict for $5,000 damages; the court refused a new trial, and rendered judgment in accordance with the verdict; and defendant appealed. The nature of the defenses relied on in the trial court, and the errors alleged to reverse the judgment, will sufficiently appear from the opinion. For the appellant it was argued, that upon the undisputed, facts as to the character of the seat upon which…
1Opinion of the CourtCole, J.
It would seem to .be unnecessary to make any remarks in justification of the ruling of the court in refusing to grant the motion for a nonsuit. It is claimed on the part of the town that the evidence showed contributory negligence which should preclude a recovery. The particular act of negligence relied on was the use of a wagon, the seats of which were fastened in the manner the testimony disclosed those in question were secured. When the accident happened, the plaintiffs were riding in what the witnesses describe as a light democratic wagon with two seats, the husband 'sitting on the front…
2Cases cited2 opinions
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Willard v. Town of NewburySupreme Court of Vermont · 1850
3Cited by8 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Duthie v. Town of WashburnWisconsin Supreme Court · 1894
- Nass v. SchulzWisconsin Supreme Court · 1899
- Klatt v. City of MilwaukeeWisconsin Supreme Court · 1881
- Otis v. Town of JanesvilleWisconsin Supreme Court · 1879
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