Robinson v. Town of Waupaca
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wawpaoa County. This is an action to recover damages for personal injuries to the plaintiff, alleged to have been caused by a defective highway in the defendant town. On June 6, 1886, the plaintiff was riding with her husband on such highway in a vehicle on two wheels, called a “ dog-cart,” drawn by one horse then being driven by her husband.
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APPEAL from the Circuit Court for Wawpaoa County. This is an action to recover damages for personal injuries to the plaintiff, alleged to have been caused by a defective highway in the defendant town. On June 6, 1886, the plaintiff was riding with her husband on such highway in a vehicle on two wheels, called a “ dog-cart,” drawn by one horse then being driven by her husband. When the horse was walking briskly, one wheel of the cart struck a'stone a few inches high, firmly fixed in the ground and extending from the side of the traveled track to within three or four inches of one of the wagon…
1Opinion of the CourtLyou, J.
Counsel for plaintiff claims a reversal of the judgment on two grounds. These are that the court erred in allowing witnesses for the town to testify that in their opinion the cart in which the plaintiff was riding was unsafe for the use of two persons riding together in it on ordinary country roads, and that the damages awarded the plaintiff are grossly inadequate to compensate her for the injuries she received.
1. Undoubtedly it was error to admit testimony of the opinions of witnesses that the cart was thus unsafe. That was a question for the jury, upon all the facts in the case. This court…
2Cases cited5 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
- Emmons v. SheldonWisconsin Supreme Court · 1870
- Griffin v. Town of WillowWisconsin Supreme Court · 1878
- Oleson v. TolfordWisconsin Supreme Court · 1875
3Cited by9 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Hall v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1909
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Kennedy v. Glen Alum Coal Co.West Virginia Supreme Court · 1913
- Quenrud v. Moore-Sieg Construction Co.Supreme Court of Iowa · 1921
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