Krause v. City of Merrill
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. C. SilveethoeN, Circuit Judge. This is an appeal from a judgment of nonsuit granted at tbe close of all tbe testimony, in an action to recover damages for tbe death of tbe plaintiff’s intestate, alleged to bave been caused by a defect at tbe west end of Division street in tbe defendant city.
Read the full summary
Appeal from a judgment of the circuit court for Lincoln county: W. C. SilveethoeN, Circuit Judge. This is an appeal from a judgment of nonsuit granted at tbe close of all tbe testimony, in an action to recover damages for tbe death of tbe plaintiff’s intestate, alleged to bave been caused by a defect at tbe west end of Division street in tbe defendant city. It appears from tbe record that tbe deceased, Edward Krause, lived in tbe town of Cornish, about six miles west of tbe city of Merrill; that about 8 o’clock on tbe evening of October 17, 1900, be started toward bis borne with a team and…
1Opinion of the CourtCassobay, C. J.
The facts in this case are practically undisputed, and substantially as mentioned in the foregoing statement. In granting a nonsuit, the trial court assumed that the evidence was sufficient to take the case to the jury on the question as to whether the traveled track west and north of Division street was a public highway, and, if so, whether it was defective. The nonsuit was granted on the ground that after driving about twelve feet north of the southwest corner of the shed the deceased, as indicated in the statement of facts, voluntarily turned his team, which was going directly north,…
2Cases cited4 opinions
- Hawes v. Town of Fox LakeWisconsin Supreme Court · 1873
- Goeltz v. Town of AshlandWisconsin Supreme Court · 1890
- Stricker v. Town of ReedsburgWisconsin Supreme Court · 1899
- Welsh v. Town of ArgyleWisconsin Supreme Court · 1895