Ohlweiler v. Lohmann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff’s cause of action is for an injury which he sustained by reason of being kicked by a horse hired to him by the defendants, who were livery stable keepers.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff’s cause of action is for an injury which he sustained by reason of being kicked by a horse hired to him by the defendants, who were livery stable keepers. The complaint charges that the defendants let upon hire to the plaintiff a certain black mare and express wagon, to which the mare was attached in harness, to drive upon a journey; th^t the said mare was, and for a long time had been, unsafe and dangerous to drive in harness, of vicious disposition and habits, and accustomed to kick in harness, as the defendants during all…
1Opinion of the CourtPiNNEY, J.
1. A careful examination of the testimony on the question whether the mare let to the plaintiff by the defendants was accustomed to kick so as to be dangerous when driven in single harness when she did not have the lines under her tail, and answered by the jury in the negative, discloses such a conflict of evidence as required *203that question to be submitted, as- it was, to the jury. The action of the court below in amending the verdict by striking out such negative answer and substituting for it an affirmative one, cannot be said to be in accordance with the uncontradicted evidence on that…
2Cases cited2 opinions
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Dahl v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1886
3Cited by8 opinions
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Vaningan v. MuellerWisconsin Supreme Court · 1932
- Sheehy v. DuffyWisconsin Supreme Court · 1894
- Ohlweiler v. LohmannWisconsin Supreme Court · 1894
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