Legal Opinion

Raymond v. Keseberg

Wisconsin Supreme Court

Decided February 21, 1893PublishedCited by 14 opinions

. This was an action by plaintiff, Raymond, to recover damages for personal injuries sustained by the upsetting of a buggy in which he was riding upon a mound of earth in a public street in the city of Sheboygan, May 13, 1885. The action was first commenced against the defendant Dorothea Keseberg and her husband, Joseph Keseberg, in June, 1887, and the city was impleaded as a defendant July, 1889. Joseph Keseberg died in March, 1889, and the action was tried against Dorothea…

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. This was an action by plaintiff, Raymond, to recover damages for personal injuries sustained by the upsetting of a buggy in which he was riding upon a mound of earth in a public street in the city of Sheboygan, May 13, 1885. The action was first commenced against the defendant Dorothea Keseberg and her husband, Joseph Keseberg, in June, 1887, and the city was impleaded as a defendant July, 1889. Joseph Keseberg died in March, 1889, and the action was tried against Dorothea and the city in April, 1891. The action has already been once before this court, upon general demurrer by the defendant…

1Opinion of the CourtWinslow, J.

We regard the special verdict as clearly insufficient to justify a judgment against the defendant Mrs. -Keseberg. True, it is found in reply to the sixth and .seventh questions that no lighted lantern was on or near the pile of dirt on the night of the accident, and that Mrs. Keseberg did not use ordinary care and prudence to prevent injury to travelers from the obstruction on the night in question, but it is nowhere found that the plaintiffs injury *306was the result of the absence of a lantern or of the failure ■of Mrs. Keseberg to exercise care, nor does such a conclusion necessarily follow.…

2Cases cited1 opinion

  1. Hundhausen v. BondWisconsin Supreme Court · 1874

3Cited by14 opinions

  1. McHarge v. M. M. Newcomer & Co.Tennessee Supreme Court · 1906
  2. Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
  3. L-M-S Inc. v. BlackwellTexas Supreme Court · 1950
  4. Perry v. CastnerSupreme Court of Iowa · 1904
  5. City of Kansas v. FileSupreme Court of Kansas · 1899

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