Fehrman v. Town of Pine River
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. G. Silverthorn, Circuit Judge. This is an action to recover for personal injuries received by the appellant upon an alleged defective highway in the defendant town. The answer denies all the allegations of the complaint, and alleges contributory negligence as a defense. The evidence which was given on the trial is not preserved in the bill of exceptions.
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Appeal from a judgment of the circuit court for Lincoln county: W. G. Silverthorn, Circuit Judge. This is an action to recover for personal injuries received by the appellant upon an alleged defective highway in the defendant town. The answer denies all the allegations of the complaint, and alleges contributory negligence as a defense. The evidence which was given on the trial is not preserved in the bill of exceptions. The following special verdict was rendered: “1. Was the defendant, at the time of the accident complained of, a legally organized town of said county, and was the highway, at…
1Opinion of the CourtWinslow, J.
By their answer to the third question of the special verdict the jury found, in legal effect, that the town officers had performed their whole duty and made a reasonably safe highway, and by their answer to the fourth and sixth questions they found, in legal effect, that the condition of the highway was such that it proximately caused an injury to a traveler thereon who was exercising ordinary care. The question presented is whether these findings can stand together, or whether they are so radically at variance that the verdict should have been set aside as inconsistent.
In any ordinary action…
2Cases cited20 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
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3Cited by12 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Campshure v. Standard Manufacturing Co.Wisconsin Supreme Court · 1908
- Jones v. Union CountyOregon Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.