Perkins v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action for injuries to plaintiff’s person alleged to have been caused by the defective condition of a sidewalk in the defendant city.' After plaintiff’s evidence was in, the court refused a nonsuit asked by defendant. The plaintiff had a verdict and judgment; and the defendant appealed. The essential facts upon which the questions determined by this court arose, are stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lac County. Action for injuries to plaintiff’s person alleged to have been caused by the defective condition of a sidewalk in the defendant city.' After plaintiff’s evidence was in, the court refused a nonsuit asked by defendant. The plaintiff had a verdict and judgment; and the defendant appealed. The essential facts upon which the questions determined by this court arose, are stated in the opinion. The motion for a nonsuit should have been granted and the complaint dismissed, on the ground that the plaintiff’s own evidence showed that he was guilty…
1Opinion of the CourtCole, J.
It is insisted by the counsel for the city, that the court should have granted the nonsuit and dismissed the complaint, because it appeared from the plaintiff’s own testimony that he was guilty of negligence, which directly contributed to produce the injury complained of. The facts upon which negligence on his part is predicated as a question of law, are the following :
The plaintiff testified, in substance, that at the time of the accident he was going to the railroad depot to take the cars to attend the Green Lake circuit on professional business; that he passed on Main Street to the south…
2Cases cited2 opinions
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
3Cited by11 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Ford v. City of Des MoinesSupreme Court of Iowa · 1898
- Chamberlain v. City of OshkoshWisconsin Supreme Court · 1893
- Jackson v. City of Grand ForksNorth Dakota Supreme Court · 1913
- Stanke v. City of St. PaulSupreme Court of Minnesota · 1898
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