Klitzke v. Webb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: R. G. Siebeckee, Circuit Judge. This is an action to recover damages for personal injuries. The action was tried before a jury.
Read the full summary
Appeal from a judgment of the circuit court for Sauk county: R. G. Siebeckee, Circuit Judge. This is an action to recover damages for personal injuries. The action was tried before a jury. Tbe evidence showed that in and prior to June, 1902, the defendants were partners operating a grocery store at Reedsburg, Sauk county; that the store faced eastward on Walnut street, and that there was an alley running east and west along the south side thereof; that the main entrance to the store was on Walnut street, and that there was a rear entrance near the west end of the store opening on to the…
1Opinion of the CourtWiwsnow, J.
In order to show actionable negligence on the part of the defendants, the plaintiff relied solely on the doctrine of res ipsa loquitur. She gave ¿yidence to the effect that she was standing on the platform, that she did not touch the door, and that for some unexplained cause it fell upon her. Doubtless this was sufficient evidence, in the first instance, to raise a presumption that the door was negligently placed upon the platform by the defendants’ servants in such a position that it was liable to fall over without assistance, because, if securely and properly placed, it would not, in the…
2Cases cited4 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Carroll v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1898
3Cited by14 opinions
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Potts v. Armour & Co.Court of Appeals of Maryland · 1944
- Lipsky v. C. Reiss Coal Co.Wisconsin Supreme Court · 1908
- Guse v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1912
- Koehler v. Thiensville State BankWisconsin Supreme Court · 1944
9 more not listed; retrieve them via the Exa API.