Oliver v. Town of La Valle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action by a husband and wife to recover for injuries to the latter alleged to have been caused by a defective bridge constituting part' of a public highway in the defendant town. Answer, a general denial, with allegations of negligence on the part of the plaintiff.
Read the full summary
APPEAL from the Circuit Court for Sauk County. Action by a husband and wife to recover for injuries to the latter alleged to have been caused by a defective bridge constituting part' of a public highway in the defendant town. Answer, a general denial, with allegations of negligence on the part of the plaintiff. Erom the testimony taken on the trial, it appeared that the female plaintiff was riding with her brother in a lumber wagon, on their way to La Valle, when they came to the bridge in question, and in driving over it a part of the floor gave way, letting the hind feet of the horses…
1Opinion of the CourtCole, J.
There is no question in this case as to the insufficiency of the bridge where the accident Happened. The testimony is conclusive that it was out of repair, and constituted a defect in the highway. In determining the liability of the town, therefore, but two questions are raised by the exceptions: 1st. Was the plaintiff Mrs. Oliver guilty of contributory negligence? 2d. Were the damages too remote, or were they the natural and direct consequences of the failure of the town to keep the bridge in proper repair ?
On the motion for a nonsuit,^the defendant claimed that the evidence clearly showed…
2Cited by24 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Koehler v. Waukesha Milk Co.Wisconsin Supreme Court · 1926
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
19 more not listed; retrieve them via the Exa API.