96 Wis. 452 | Wis. | 1897
The single question presented in this case is, "Was the cross-walk, where the deceased was injured, defective as a matter of law? The facts in regard to its construction and condition are all undisputed; yet if there was any room for honest differences of opinion among reasonable men of unbiased minds in respect to the inferences that should be drawn therefrom regarding the fact in issue, then it -was for the jury, and not the court, to draw the correct inference. It is only when the facts are undisputed, and • the reasonable inferences therefrom in regard to the ultimate fact in issue are all one way, that what is the proper inference is a question of law for the court to answer. Sabotta v. St. Paul F. & M. Ins. Co. 54 Wis. 687; Dahl v. Milwaukee City R. Co. 62 Wis. 652; Hill v. Fond du Lac, 56 Wis. 242; Orttel v. C., M. & St. P. R. Co. 89 Wis. 127.
In the light of the foregoing well-established principle, and the numerous adjudications of this court applying it to facts similar to those here presented, and unfavorably to appellant’s contention, we must hold and decide that the court properly submitted the question of the sufficiency of the cross-walk to the jury, and that the determination in that regard in defendant’s favor is a verity in the case. Keeping in mind, for the purposes df comparison, that the cross-walk
By the Court.— The judgment of the circuit court is af-. firmed.