Kenworthy v. Town of Ironton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Saule County. The action is to recover damages for injuries received by the plaintiff alleged to have been caused by defects in a highway in the defendant town, -which (it is conceded) it was the duty of such town to keep in repair. No 'question is made on the pleadings.
Read the full summary
APPEAL from tbe Circuit Court for Saule County. The action is to recover damages for injuries received by the plaintiff alleged to have been caused by defects in a highway in the defendant town, -which (it is conceded) it was the duty of such town to keep in repair. No 'question is made on the pleadings. The testimony introduced by the plaintiff on the trial tended to show a state of facts which is correctly stated in the brief of counsel for the plaintiff as follows: “ The plaintiff started out in the morning before daylight, with a load of railroad ties, traveling on a highway, which it was…
1Opinion of the CourtLyoN, J.
I. The motion for a nonsuit was properly denied, unless tbe evidence justified tbe court in bolding, as matter of law, either that the highway where tbe accident occurred was not defective, or that the negligence of tbe plaintiff contributed directly to tbe injury complained of. In actions for injuries caused by negligence, it seldom happens that the evidence is so clear and conclusive that it becomes tbe duty of tbe court to withdraw tbe question of tbe negligence of either party from tbe jury. Tbe circumstances under which the court should do so, are well stated by DixoN, O. J., in Sutton…
2Cases cited3 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Nicks v. Town of MarshallWisconsin Supreme Court · 1869
3Cited by17 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Stilling v. Town of ThorpWisconsin Supreme Court · 1882
- Village of Clayton v. BrooksIllinois Supreme Court · 1894
- McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.