Maanum v. City of Madison
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: R. G. SxebeoKBR, Circuit Judge. The plaintiff’s cause of action may be briefly stated as follows: On October 14,1895, plaintiff was riding along Monroe street, in the city of Madison, in a carriage. The horses became frightened at the city’s steam roller, which was suddenly started without warning, and the plaintiff was thrown cut of the carriage and injured.
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Appeal from a judgment of tbe circuit court for Dane county: R. G. SxebeoKBR, Circuit Judge. The plaintiff’s cause of action may be briefly stated as follows: On October 14,1895, plaintiff was riding along Monroe street, in the city of Madison, in a carriage. The horses became frightened at the city’s steam roller, which was suddenly started without warning, and the plaintiff was thrown cut of the carriage and injured. The complaint contains some allegations in regard to a “ deep and dangerous ditch in the street,” left without a railing or guard, and that the street was too narrow at this…
1Opinion of the CourtBakdeeN, J.
The main question for our determination is whether, under all the evidence, the court ought to have submitted the case to the jury. . When the defendant made the motion to direct a verdict the question presented to the trial court was one of mixed law and fact. It became his duty to weigh and consider the testimony in the case, and to apply to it those rules of law which are deemed controlling in cases of this kind. His duty was greater than in cases where a nonsuit is asked. Oftentimes in those cases the evidence will leave some of the controlling questions in doubt. There may be room, upon…
2Cases cited2 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
3Cited by8 opinions
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- McCune v. BadgerWisconsin Supreme Court · 1905
- Gunderson v. StruebingWisconsin Supreme Court · 1905
- Powalske v. Cream City Brick Co.Wisconsin Supreme Court · 1901
- Optenberg v. SkeltonWisconsin Supreme Court · 1901
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