Schmidt v. Town of Franklin
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: E. C. Eschweilee, Circuit Judge. This is an action to recover damages for injuries alleged to bave been caused by a defective highway in the defendant town.
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Appeal from an order of tbe circuit court for Milwaukee county: E. C. Eschweilee, Circuit Judge. This is an action to recover damages for injuries alleged to bave been caused by a defective highway in the defendant town. The complaint charges that on November 26, 1912, at about 6 p. m., while plaintiff and her daughter were riding in a farm wagon drawn by two horses over the highway in question, the wheels of the wagon suddenly plunged into a hole or depression in the traveled part of the road with such force as to throw plaintiff from the seat to the ground; that the defective condition of…
1Opinion of the CourtRoseNbbeRY, J.
The circuit court ordered a new trial on the ground that the contributory negligence of the plaintiff was established as a matter of law.
If there was credible evidence which supported the verdict of the jury the circuit court was clearly wrong in setting aside the judgment and granting a new trial. It was established beyond controversy that the highway in question had been out of repair and insufficient for so. long a time as to charge the defendant town with notice of the defects. On the part of the plaintiff there was evidence which tended to show that the road was generally insufficient…
2Cases cited7 opinions
- Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
- Luedke v. Town of MukwaWisconsin Supreme Court · 1895
- Hammond v. Town of MukwaWisconsin Supreme Court · 1876
- Petrich v. Town of UnionWisconsin Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Yahnke v. LangeWisconsin Supreme Court · 1919
- Burke v. Poeschl Brothers, Inc.Wisconsin Supreme Court · 1968
- Keller v. City of Port WashingtonWisconsin Supreme Court · 1929
- Hakes v. Town of Pine GroveWisconsin Supreme Court · 1919