Wheeler v. Town of Westport
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action for damages resulting from injuries sustained by reason of (defective highway. The complaint alleged, that defendant, the Town of Westport, was a duly organized town, whose duty it was, at all times, to keep its highways in repair.
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APPEAL from tbe Circuit Court for Dane County. Action for damages resulting from injuries sustained by reason of (defective highway. The complaint alleged, that defendant, the Town of Westport, was a duly organized town, whose duty it was, at all times, to keep its highways in repair. That at a point on the highway, in said town, where the injury in question occurred, a large number of rocks or boulders were left lying across the south half of the road, and extending into the traveled portion thereof; that at this point the north half of the road was much cut up by travel and ruts, rendering…
1Opinion of the CourtDixoN, C. J.
The court experiences no difficulty whatever in determining as to the weight and sufficiency of the evidence upon which the jury found that the highway was defective at the place where the injury complained of was received. Indeed under almost any circumstances, or with any instructions, however favorable to the town, which any court or judge would have been likely to give, a verdict to the contrary would have greatly surprised us. The essential idea of “ insufficiency or want of repairs” of any road, for which, if damage shall happen to any person, his team, etc., the statute declares he…
2Cases cited6 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
- Cuthbert v. City of AppletonWisconsin Supreme Court · 1869
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Bagley v. Town of LudlowSupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Ex parte LiddellCalifornia Supreme Court · 1892
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
61 more not listed; retrieve them via the Exa API.