Legal Opinion

Rhyner v. City of Menasha

Wisconsin Supreme Court

Decided June 21, 1900PublishedCited by 22 opinions

Appeal from a judgment of tlie circuit court for Winnebago county: Geo. W. Burwell,.Circuit Judge. The plaintiff brings this action to recover damages for injuries sustained by him by reason of his having fallen in. a hole in one of defendant’s streets. The defect shown was-a hole close to the sidewalk, about two feet long and fifteen inches wide, in the shape of a half moon, apparently caused by surface water from the street running tinder the sidewalk..

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Appeal from a judgment of tlie circuit court for Winnebago county: Geo. W. Burwell,.Circuit Judge. The plaintiff brings this action to recover damages for injuries sustained by him by reason of his having fallen in. a hole in one of defendant’s streets. The defect shown was-a hole close to the sidewalk, about two feet long and fifteen inches wide, in the shape of a half moon, apparently caused by surface water from the street running tinder the sidewalk.. The hole was unguarded. Plaintiff was passing along the-street on a dark, rainy evening, and his hat bletv off. Upon returning from the…

1Opinion of the CourtBardisex, J.

A great multitude of questions are raised •on this appeal. The defendant complains that evidence *205was improperly received; that improper instructions were given, and proper ones refused; that the special verdict is bad; that the-question as to the alleged defect in the street, with the jury’s answer thereto, does not find actionable-negligence; that the question of contributory negligence-was not properly submitted; and that under the evidence-the answers to some of the questions are inconsistent. In fact there are very few things that transpired during the-course of the trial against which…

2Cases cited9 opinions

  1. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  2. Boelter v. Ross Lumber Co.Wisconsin Supreme Court · 1899
  3. Kucera v. Merrill Lumber Co.Wisconsin Supreme Court · 1895
  4. Seymer v. Town of LakeWisconsin Supreme Court · 1886
  5. Schaidler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899

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

3Cited by22 opinions

  1. Mauch v. City of HartfordWisconsin Supreme Court · 1901
  2. Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
  3. Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
  4. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  5. Gutzman v. ClancyWisconsin Supreme Court · 1902

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

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