Herrick v. Wixom

80 N.W. 117 (1899)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Herrick v. Wixom

Michigan Supreme Court
80 N.W. 117 (1899)

Facts

Frank Herrick (plaintiff) went to the circus with his son. Martin Wixom (defendant) owned and operated the circus. Wixom’s son worked at the entrance selling tickets. Herrick claims that Wixom’s son invited Herrick and his son into the show. Herrick sat about 30 feet from where the show took place. During the show, a clown set off a firecracker. The firecracker hit Herrick in the eye. Herrick lost sight in his eye due to his injuries. Herrick brought suit against Wixom. At trial, Wixom claimed that Herrick was not invited into the circus tent and that Herrick was a trespasser. The trial judge instructed the jury that if they found that Herrick was trespassing then Wixom owed him no duty and he was not entitled to recovery. The trial court found in favor of Wixom. Herrick appealed.

Rule of Law

Issue

Holding and Reasoning (Montgomery, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership