Legal Opinion

Strong v. City of Stevens Point

Wisconsin Supreme Court

Decided February 3, 1885PublishedCited by 15 opinions

APPEAL from the Circuit Court for Columbia, County, Action to recover damages on account of the death of the plaintiff’s intestate caused by his falling through a hole in a bridge in the defendant city. The accident occurred June 25, 1881. The circumstances are sufficiently stated in the opinion..

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APPEAL from the Circuit Court for Columbia, County, Action to recover damages on account of the death of the plaintiff’s intestate caused by his falling through a hole in a bridge in the defendant city. The accident occurred June 25, 1881. The circumstances are sufficiently stated in the opinion.. The circuit court charged the jury, among other things, as follows: “The next question to which I come is, Was the deceased in the exercise of ordinary care himself at the time of the accident? There seems to be no proof, no eye witness saw him if he went through the hole and was drowned in this…

1Opinion of the CourtOuton, J.

This action is brought under secs. 4255, 4256,-R. S., to recover damages, for the benefit of "his father and mother, occasioned by the death of their infant son of about-the age of eight years, caused by a defect and want of repair" of one of the bridges of said city. Edward Strong, the deceased, was the son of the plaintiff, who sues in a rep-’ resentative capacity, as administrator of the estate of the deceased, for himself and his wife, the mother of the deceased, as his lineal ancestors.

The bridge spanned a wide slough, connected with the *258Wisconsin river,*and on one of the principal…

2Cases cited15 opinions

  1. City of Chicago v. MajorIllinois Supreme Court · 1857
  2. Quin v. . MooreNew York Court of Appeals · 1857
  3. Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  4. Hoyt v. City of HudsonWisconsin Supreme Court · 1876
  5. Bissell v. WertIndiana Supreme Court · 1871

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3Cited by15 opinions

  1. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  2. Reed v. City of MadisonWisconsin Supreme Court · 1892
  3. Umnus v. Wisconsin Public Service Corp.Wisconsin Supreme Court · 1952
  4. Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
  5. Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900

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