Holdgrafer v. Town of Benton
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Fayette county: George Clementson, Circuit Judge. Action to recover damages for injuries sustained on a highway of defendant town caused by a thirteen-ton tractor falling through an iron and steel bridge fifty-two feet long constructed prior to July 12, 1911, but repaired subsequent thereto. The defendant demurred to the complaint, which alleged these and other appropriate facts.
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Appeal from an order of the circuit court for La Fayette county: George Clementson, Circuit Judge. Action to recover damages for injuries sustained on a highway of defendant town caused by a thirteen-ton tractor falling through an iron and steel bridge fifty-two feet long constructed prior to July 12, 1911, but repaired subsequent thereto. The defendant demurred to the complaint, which alleged these and other appropriate facts. From an order sustaining the demurrer the plaintiff appealed.
1DissentEschweiler, J.
The adjective “such,” in the phrase “and no such bridge or culvert shall be repaired unless such repairs shall leave such bridge or culvert in . . . condition ... to carry . . any load ... of not more than fifteen tons,” can, without violating any rules of grammar or logic, be held to only refer to the bridges or culverts of iron, steel, or concrete which are constructed subsequent to the passage of ch. 642, Laws 1911, and therefore only to those of fifteen tons original capacity. •
The primary subject matter of this chapter, creating as it does new statutes and not merely amendments of the.…
2Cases cited2 opinions
- Cotter v. Joint School District No. 3Wisconsin Supreme Court · 1916
- City of Milwaukee v. RitzowWisconsin Supreme Court · 1914