Brunkow v. Waters
| Decision Date | 19 February 1907 |
| Parties | BRUNKOW v. WATERS. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Clark County; E. W. Helms, Judge.
Action by Louise Brunkow against John Waters. From a judgment of the district court reversing a judgment of nonsuit against plaintiff granted in justice court, defendant appeals. Affirmed.
This action was commenced in justice court to recover for personal injuries. Upon the trial in justice court it appeared without dispute that on the 18th of April, 1904, the plaintiff, an old lady, was sitting on the seat of a lumber wagon, standing in a business street in the city of Neillsville, with a two-horse team attached; that the wagon and team belonged to one Schale, who had gone into an adjoining store for a moment, leaving the plaintiff in the wagon holding the lines; that while she was so sitting another team of horses attached to a wagon came running along the street unattended and ran into Schale's horses, jarring the wagon in which the plaintiff was sitting so that she fell out and was injured; that the two teams became mixed together and were separated by the bystanders; that the defendant Waters appeared on the scene directly after the accident and admitted that the horses were his, expressed his sorrow for the occurrence, and said that plaintiff should be taken care of and he would make it right; that plaintiff was taken care of at an adjoining hotel for two weeks and spent $85 for physician's services, medicines, and care; that she suffered considerably and was not entirely recovered at the time of the trial. In addition to these undisputed facts there was evidence tending to show that the team came from a saloon yard nearby, where there were stalls for hitching farmers' teams, and that in one of these stalls a two-by-four scantling to which horses were usually tied was broken or pulled out, but there was no proof showing that the defendant's horses actually came from this stall nor was there any evidence tending to show who was in charge of the horses before they ran, nor who put them in the saloon yard. Upon these facts the justice nonsuited the plaintiff. An appeal was taken from the judgment, but no affidavit for a new trial was filed, and the case was tried in the circuit court upon the testimony returned by the justice, and the judgment of the justice was reversed and judgment entered for the plaintiff for $200 and costs. From this judgment, the defendant appeals.Marsh & Schoengarth, for appellant.
Geo. L. Jacques, for respondent
WINSLOW, J. (after stating the facts).
Notwithstanding there was no new trial of the case in the circuit court, it was the duty of the...
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