Goodno v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Action for injuries to tbe person of tbe plaintiff, Soffhronia R. Goodno, caused by defects in a sidewalk witbin tbe corporate limits of tbe defendant city. Tbe report of a former appeal in tbe same action will be found in*24 Wis., 549. Tbe facts shown at tbe second trial are sufficiently stated in tbe opinion, infra.
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APPEAL from tbe Circuit Court for Fond du Lac County. Action for injuries to tbe person of tbe plaintiff, Soffhronia R. Goodno, caused by defects in a sidewalk witbin tbe corporate limits of tbe defendant city. Tbe report of a former appeal in tbe same action will be found in*24 Wis., 549. Tbe facts shown at tbe second trial are sufficiently stated in tbe opinion, infra. Tbe defendant appealed from a judgment in tbe plaintiff’s favor for $5,000. contended, that tbe nature of tbe defect in tbe sidewalk shown by tbe evidence was such that tbe jury was not authorized to presume knowledge on tbe…
1Opinion of the CourtLyoN, J.
Tbe plaintiff brought this action to recover damages for injuries to her person occasioned by a defect in a certain sidewalk wbicb it was tbe duty of tbe city, tbe defendant, to keep in repair. Tbe action was once tried in tbe cbcuit court for tbe county of Winnebago, and tbe plaintiff bad a verdict for one thousand dollars damages. Tbe court set aside tbat verdict, and ordered a new trial; and, upon appeal, tbat order was affirmed *303by this court, on the ground that in such a case (the facts of which are stated in the opinion of the chief justice) the plaintiff could not recover without…
2Cases cited5 opinions
- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Murray v. Hudson River RailroadNew York Supreme Court · 1866
- Goodnough v. City of OshkoshWisconsin Supreme Court · 1869
- Best v. YoungWisconsin Supreme Court · 1858
3Cited by8 opinions
- Patter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Nicoud v. WagnerWisconsin Supreme Court · 1900
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