Branegan v. Town of Verona
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Dane county: August C. HoppmanN, Judge. Action for damages occasioned by an alleged defective highway. On the 16th day of June, 1917, plaintiffs’ deceased was driving a Ford automobile north on the highway in question. He and his daughter Gladys were the only occupants of the automobile. The accident happened on a grade or turnpike in a ravine or depression between two hills or declines.
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Appeal from a judgment of the superior court of Dane county: August C. HoppmanN, Judge. Action for damages occasioned by an alleged defective highway. On the 16th day of June, 1917, plaintiffs’ deceased was driving a Ford automobile north on the highway in question. He and his daughter Gladys were the only occupants of the automobile. The accident happened on a grade or turnpike in a ravine or depression between two hills or declines. The traveled portion of the grade or turnpike was ten feet wide. The turnpike was slightly elevated above the surface of the ground on the east side of the…
1Opinion of the CourtOwen, J.
The defendant town urges reversal of the judgment because, as claimed, the evidence shows that the highway iyas reasonably safe for public travel; that the deceased wa$ guilty of contributory negligence; that if the *140highway was defective such defect was not the proximate cause of the accident; and because of refusal to charge the jury as requested.
It is undisputed that there was a sharp decline on the west side of the turnpike, which decline extended downward a distance of three or three and a half feet; that one of the wheel tracks came within three inches of the edge of this decline, and…
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