Dralle v. Town of Reedsburg
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sauk county: E. Rat Stevens, Circuit Judge. This is an appeal from an order denying defendant’s motion for judgment and setting aside a special verdict and granting a new trial in the action brought to recover damages for injuries received upon a defective highway.
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Appeal from an order of the circuit court for Sauk county: E. Rat Stevens, Circuit Judge. This is an appeal from an order denying defendant’s motion for judgment and setting aside a special verdict and granting a new trial in the action brought to recover damages for injuries received upon a defective highway. At about 2 a. m. on the morning of the 25th of April, 1907, after deliberating for some time, the jury answered all the questions of the special verdict, the third question being in respect to contributory negligence of the plaintiff, which was answered “No.” They sealed their verdict…
1Opinion of the CourtKeRwin, J.
On the motion for a new trial it appeared from the affidavits of the jurors that on the morning of April 25, 1901, at about 8 :30 a. m. and before court convened, the foreman called some of the jurors into the committee room in the courthouse and informed them that he had seen and consulted with the trial judge on that morning and that the judge told him to inform the other members of the jury that they must change the answer to the third question in the special verdict from “no” to “yes,” for the reason that the verdict as originally rendered could not stand, because if plaintiff was not…
2Cases cited11 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Hempton v. StateWisconsin Supreme Court · 1901
- Havenor v. StateWisconsin Supreme Court · 1905
- McBean v. StateWisconsin Supreme Court · 1892
- Manix v. MalonySupreme Court of Iowa · 1858
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3Cited by3 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Dishmaker v. HeckWisconsin Supreme Court · 1915
- Sedlack v. StateWisconsin Supreme Court · 1910