Legal Opinion

Carpenter v. Town of Rolling

Wisconsin Supreme Court

Decided October 12, 1900PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Langlade county: JonAGoodlaND, Circuit Judge. This is an action for damages on account of the death of Jacob Hetzel, the plaintiff’s intestate, which 'death is alleged to have resulted by reason of a defect in the highway in the defendant town.

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Appeal from a judgment of the circuit court for Langlade county: JonAGoodlaND, Circuit Judge. This is an action for damages on account of the death of Jacob Hetzel, the plaintiff’s intestate, which 'death is alleged to have resulted by reason of a defect in the highway in the defendant town. The evidence showed that Jacob Hetzel at the time of his death was a farmer thirty-eight-years of age, living in the town of Aniwa, Shawano county, about two and. one-half miles from the village of Aniwa, and several miles south of the city of Antigo, in Langlade county. He was a married man, having a…

1Opinion of the CourtWiNSlow, J.

A number of assignments of error were made by appellant which are not considered well taken, and these will be first considered.

1. It is said that the loous in quo was not shown to be a highway. ' The road in question wás shown to have been first opened by private parties, but it was also shown that it had been in existence and generally used by the public for twelve or thirteen years, and, further, that several taxpayers had been permitted by the overseer of highways to work out their road taxes at various times upon it. We do not think, however, that the question was an open one, under the…

2Cases cited4 opinions

  1. Parish v. Town of EdenWisconsin Supreme Court · 1885
  2. Slivitski v. Town of WienWisconsin Supreme Court · 1896
  3. McKeague v. City of Green BayWisconsin Supreme Court · 1900
  4. Althouse v. Town of JamestownWisconsin Supreme Court · 1895

3Cited by20 opinions

  1. Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
  2. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  3. Lund v. City of SeattleWashington Supreme Court · 1931
  4. Frasier v. Cowlitz CountyWashington Supreme Court · 1912
  5. Druska v. Western Wisconsin Telephone Co.Wisconsin Supreme Court · 1922

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