Wolfgram v. Town of Schoepke
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Oneida county: W. O. SilvertiiorN, Circuit Judge. Action for personal injuries from a bole in a country highway, left by the town authorities in original construction by merely covering the same with poles.
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Appeals from orders of tbe circuit court for Oneida county: W. O. SilvertiiorN, Circuit Judge. Action for personal injuries from a bole in a country highway, left by the town authorities in original construction by merely covering the same with poles. Special verdict of twenty questions returned by jury, finding all material facts in favor of the plaintiff, except that question No. 16, “Was plaintiff guilty of any want of ordinary care which contributed to injury he received?” was answered “Yes.” Plaintiff produced affidavits of all twelve jurors to the effect that all the jurors agreed that…
1Opinion of the Court
Dodge, T.
There can be no doubt that the order denying plaintiff’s motion to correct the verdict and enter judgment in his favor is excluded from those which are appealable by sec. 3069, Stats. 1898. Its appealability is contended for under subd. 1 of that section, and, obviously, no other can have application. But, however much it may affect a substantial right, as pointed out in Murphey v. Weil, 86 Wis. 643, 57 N. W. 1112, it did not determine the action, nor prevent a judgment from which the plaintiff might have appealed. If the court committed error in refusing to amend the verdict *22upon…
2Cases cited23 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Hempton v. StateWisconsin Supreme Court · 1901
- Hodgkins v. . MeadNew York Court of Appeals · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hays v. HoganSupreme Court of Missouri · 1917
- Brown v. StateWisconsin Supreme Court · 1906
- Young v. United StatesCourt of Appeals for the Tenth Circuit · 1947
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
37 more not listed; retrieve them via the Exa API.