Legal Opinion

Coppins v. Town of Jefferson

Wisconsin Supreme Court

Decided January 9, 1906PublishedCited by 10 opinions

Appeal from an order of the circuit court for Jefferson county: B. E. Dunwiddie, Circuit Judge. Action to recover for personal injuries alleged to have been caused by the negligence of the defendant in respect to the safety of one of its highways.

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Appeal from an order of the circuit court for Jefferson county: B. E. Dunwiddie, Circuit Judge. Action to recover for personal injuries alleged to have been caused by the negligence of the defendant in respect to the safety of one of its highways. The defect complained of consisted of a pile of stone within the limits of the highway on the westerly side of the traveled track so near thereto that, in view of the fact that such track necessarily diverged somewhat easterly from a direct line in passing the same, a traveler driving a horse, or horses, drawing a vehicle at that point, in the…

1Opinion of the CourtMaeshall, J.

Tbe first proposition submitted for consideration on behalf of appellant is this:

“Notwithstanding tbe fact, if it be a fact, that tbe trial court committed reversible error in its charge to tbe jury on tbe subject of contributory negligence, still tbe motion of defendant for judgment should have been granted for tbe reason that tbe evidence shows that tbe plaintiff was guilty of contributory negligence as a matter of law.”

That is grounded on tbe undisputed evidence that respondent was perfectly familiar with tbe condition of tbe highway- and did not bear it in mind as be approached tbe stone…

2Cases cited24 opinions

  1. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  2. Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
  3. Collins v. City of JanesvilleWisconsin Supreme Court · 1901
  4. Simonds v. City of BarabooWisconsin Supreme Court · 1896
  5. Lampman v. Van AlstyneWisconsin Supreme Court · 1896

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

3Cited by10 opinions

  1. Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
  2. Hommel v. Badger State Investment Co.Wisconsin Supreme Court · 1917
  3. Hodgson v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1925
  4. Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
  5. Palmer v. SchultzWisconsin Supreme Court · 1909

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

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