Legal Opinion

Hein v. Village of Fairchild

Wisconsin Supreme Court

Decided March 16, 1894PublishedCited by 8 opinions

APPEAL from the Circuit Court for Eau Claire County. Action for personal injuries alleged to have been caused by the insufficiency or want of repair of a street in the defendant village. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff.

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APPEAL from the Circuit Court for Eau Claire County. Action for personal injuries alleged to have been caused by the insufficiency or want of repair of a street in the defendant village. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. To the point that when the plaintiff left the traveled track she assumed all the perils involved in such a course, they cited Shepardson v. Colerain, 13 Met. 55; Smith v. Wendell, 7 Cush. 498; Kellogg v. Korthampton, 4 Gray, 65-69; Hardtoood v. Oakham, 152 Mass. 427; Keyes v. Marcellus, 50 Mich. 439-441;…

1Opinion of the CourtOrton, C. J.

The main facts of this case, as they appear by the testimony on behalf of the plaintiff, are as follows:

In the village of Fairchild there is a street running east and west, and another street running north and south, and, a short distance east from the point where they intersect at right angles, the Omaha Railroad runs northwest and southeast, crossing both of said streets, and leaving a triangular piece of ground, bounded on the northeast by the railroad, on the south by the east and west street, and on the west by the north and south street. A short distance southwest of the railroad, and…

2Cases cited15 opinions

  1. Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
  2. Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
  3. Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
  4. Cloughessey v. City of WaterburySupreme Court of Connecticut · 1884
  5. Fopper v. Town of WheatlandWisconsin Supreme Court · 1884

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3Cited by8 opinions

  1. Benson v. City of MadisonWisconsin Supreme Court · 1898
  2. Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
  3. Laird v. Town of OtsegoWisconsin Supreme Court · 1895
  4. Skiris v. City of Port WashingtonWisconsin Supreme Court · 1936
  5. Lindgren v. La Crosse CountyWisconsin Supreme Court · 1939

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