Crouse v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eock county: E. G. SiebeoKee, Judge. ■ This is tbe second appearance of this case in this court. Upon tbe former appeal a judgment for plaintiff was reversed, and tbe cause was remanded for a new trial. 102 Wis. 196. Tbe case was tried again upon substantially tbe same testimony, tbe same special verdict was submitted to tbe jury, and like answers returned as in tbe former trial. It seems unnecessary to restate tbe facts.
Read the full summary
Appeal from a judgment of tbe circuit court for Eock county: E. G. SiebeoKee, Judge. ■ This is tbe second appearance of this case in this court. Upon tbe former appeal a judgment for plaintiff was reversed, and tbe cause was remanded for a new trial. 102 Wis. 196. Tbe case was tried again upon substantially tbe same testimony, tbe same special verdict was submitted to tbe jury, and like answers returned as in tbe former trial. It seems unnecessary to restate tbe facts. For convenience, tbe special verdict is given. “ (1) Was tbe culvert in question so constructed and maintained as to- conduct…
1Opinion of the CourtBaedeeN, J.
1. Questions 1 and 2 of the special verdict related to the manner in which the culvert where plaintiff was injured was constructed and maintained. The jury *477found that it was not so constructed and maintained as to conduct through it the water reasonably to be anticipated as likely to come there during a series of years, and that it was so negligently and carelessly constructed and maintained as to be inadequate for that purpose. In the opinion of defendant’s counsel the court ought not to have submitted these questions, because there was no evidence in the case to warrant their submission,…
2Cases cited14 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Case v. HoffmanWisconsin Supreme Court · 1898
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
- McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Koehler v. Waukesha Milk Co.Wisconsin Supreme Court · 1926
- Allen v. VojeWisconsin Supreme Court · 1902
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Sadowski v. Thomas Furnace Co.Wisconsin Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.