Kuchler v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Action to recover for a personal injury which plaintiff received, as claimed, by reason of an insufficient condition for public travel of a street in defendant city. The evidence was to this effect: Walnut street, in the city of Milwaukee, is an east-and-west thoroughfare. Extending at right angles south therefrom is Fifteenth street.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Action to recover for a personal injury which plaintiff received, as claimed, by reason of an insufficient condition for public travel of a street in defendant city. The evidence was to this effect: Walnut street, in the city of Milwaukee, is an east-and-west thoroughfare. Extending at right angles south therefrom is Fifteenth street. The former is paved with asphalt which extends southerly at the intersection of the streets to the south line of Walnut street so that the crossing from the east to…
1Opinion of the CourtMarshall, J.
Does it appear from the record, giving due consideration to the decision of the court below, that the evidence did not present a jury question as to whether the defect in the curbstone rendered the street not reasonably safe for travelers on foot ? If not, then the judgment must be affirmed.
It is not sufficient to warrant disturbing the judgment for it to appear merely doubtful whether the circuit court reached the right conclusion, nor that, if we were to determine the matter from an original standpoint, — without the aid of such conclusion, — we might reach a different result. Such dignity…
2Cases cited5 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
- Snyder v. City of SuperiorWisconsin Supreme Court · 1911
3Cited by6 opinions
- Register v. City of PittsburgSupreme Court of Kansas · 1934
- First National Bank & Trust Co. of Racine v. S. C. Johnson & Sons, Inc.Wisconsin Supreme Court · 1953
- Dargatz v. City of Dodge CitySupreme Court of Kansas · 1940
- Hales v. City of WauwatosaWisconsin Supreme Court · 1957
- Delvaux v. Kewaunee, Green Bay & Western Railway Co.Wisconsin Supreme Court · 1918
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