Cooper v. Waterloo

• Citation: 74 N.W. 115,98 Wis. 424
• Parties: COOPER v. VILLAGE OF WATERLOO.
• Decision Date: 08 February 1898
• Court: United States State Supreme Court of Wisconsin

98 Wis. 424

74 N.W. 115

COOPER

v.VILLAGE OF WATERLOO.

Supreme Court of Wisconsin.

Feb. 8, 1898.

Appeal from circuit court, Jefferson county; John R. Bennett, Judge.

Action by Louisa Cooper against the village of Waterloo. From a judgment entered on a verdict directed by the court in favor of defendant, plaintiff appeals. Affirmed.Bushnell, Rogers & Hall, for appellant.

George W. Bird and H. T. Ames, for respondent.

CASSODAY, C. J.

This action was brought to recover damages for personal injuries sustained January 17, 1893, by reason of an alleged defective sidewalk. The answer consists of admissions, denials, and counter allegations, including contributory negligence on the part of the plaintiff. At the close of the trial, the court directed the jury to return a verdict in favor of the defendant. From the judgment entered upon the verdict so returned, the plaintiff brings this appeal.

It appears that at the time of the accident the defendant was a village of about 1,100 inhabitants; that the street in question was one of the principal streets in the village; that the only alleged defect in the structure of the sidewalk is that, at the place where the accident happened, an apron led from the higher part of the walk down to the lower part of the walk; that this apron was made of planks running lengthwise of the walk, and was 6 feet wide and 6 feet long; that the upper end of the apron was from 12 to 14 inches higher than the lower end, so that the descent in the apron for the 6 feet was about 2 inches to the foot; that across this apron were four slats or cleats nailed to the planks constituting the apron, and these slats appear to have been about 14 inches apart, the lower one being about that distance from the foot of the apron; that such depression in the walk only extended the width of a store; that immediately west of the store was a somewhat corresponding apron, descending the other way; that such depression in the walk had been caused by the street being raised in front of the store, and that the walk had been correspondingly raised east and west of the store, but not in front of the store; that there was no perceptible lateral descent in the apron described; that the plaintiff, who was 41 years of age, lived upon the same side of this street, a few doors west of the store; that a little before 8 o'clock on the morning of January 17, 1893, she started from her house to go to a wedding at the church, and, in going, passed right over and up this apron without difficulty; that she then noticed that there was ice on the apron, and that it was slippery, smooth, not rough nor uneven, and that there had been a very little sprinkle of snow the evening before; that she returned from the church a...