Peppercorn v. City of Black River Falls

• Decision Date: 11 December 1894
• Citation: 89 Wis. 38,61 N.W. 79
• Parties: PEPPERCORN v. CITY OF BLACK RIVER FALLS.
• Court: Wisconsin Supreme Court

89 Wis. 38

61 N.W. 79

PEPPERCORN

v.CITY OF BLACK RIVER FALLS.

Supreme Court of Wisconsin.

Dec. 11, 1894.

Appeal from circuit court, Jackson county; W. F. Bailey, Judge.

Action by Louisa Peppercorn against the city of Black River Falls. From the judgment entered on verdict for plaintiff, both appeal. Reversed.

This action was brought to recover damages for an injury sustained January 13, 1891, by reason of a defective sidewalk in the defendant city, at the place particularly described in the complaint, which contained the usual allegations in such cases. The answer is by way of admissions and denials. At the close of the testimony, the jury returned a general verdict, wherein they found for the plaintiff, and assessed her damages at $935.50, and also returned special findings to the effect (1) that the sum of $90 will compensate the plaintiff for loss of time from inability to labor from the time of the alleged injury to the time she became of age; (2) that the sum of $165.50 was paid out or incurred in behalf of the plaintiff for medical attendance and medicines, from the time of the alleged injury to the time she became of age. The defendant moved to set aside the verdict upon several grounds, and, among others, upon affidavits for the misconduct of the jury, which motion was denied by the court, and the defendant excepted. Upon a motion being made by the plaintiff for judgment, the same was granted, after deducting the two sums mentioned in such special findings from the general verdict; and the court thereupon ordered judgment entered in favor of the plaintiff, and against the defendant, for $679.50 damages and $273.32 costs. From that part of the judgment disallowing to the plaintiff the two amounts mentioned in said special findings, the plaintiff appeals to this court. The defendant appeals from that part of the judgment in favor of the plaintiff and against the defendant.G. M. Popham and O'Neill & Marsh, for plaintiff.

B. J. Castle and Perry & Brackett, for defendant.

CASSODAY, J. (after stating the facts).

The trial court committed no error in refusing to allow the plaintiff compensation for loss of time during her minority from inability to labor by reason of the injury. It does not appear that she was emancipated, and, of course, her services during that time belonged to her father, and not to her. Nor did the court commit any error in refusing to allow her to recover for moneys paid out or incurred by her brother in her behalf for medical attendance and medicines in consequence of such injury. It may be that the physician so in attendance and the person so...