City of Baraboo v. Excelsior Creamery Co.
Wisconsin Supreme Court
Appeal from a judgment and order of the circuit court for Sauk county: James O’Neill, Judge. On the morning of the 11th day of September, 1918, defendant’s truck, while being operated by an employee, collided with and damaged a bridge in the city of Baraboo. This action was brought to recover the resultant damages.
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Appeal from a judgment and order of the circuit court for Sauk county: James O’Neill, Judge. On the morning of the 11th day of September, 1918, defendant’s truck, while being operated by an employee, collided with and damaged a bridge in the city of Baraboo. This action was brought to recover the resultant damages. The case was tried before a jury and a special verdict returned, in which-it was found (a) that the driver "of the truck did not fail to exercise ordinary care in the manner in which he drove and conducted his car as he approached the bridge; (b) that the highway west of the…
1Opinion of the CourtOwen, J.
The evidence shows that the westerly approach to the bridge was built of macadam, which had deteriorated and become rough, and that there were at least two pronounced holes, five or six inches deep, in close proximity to the bridge. In the summer of 1918 the city repaired the approach to the bridge by covering the macadam with material consisting largely of clay soil. When the weather was dry this material made a hard, dry surface, but after a rain the approach was soft and muddy, and this was especially true at the points where clay soil, to the depth of five or six inches, had been used to…
2Cases cited5 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Woodward v. City of BoscobelWisconsin Supreme Court · 1893
- Brunette v. Town of GagenWisconsin Supreme Court · 1900
- Brahmsteadt v. Mystic Workers of the WorldWisconsin Supreme Court · 1913
3Cited by11 opinions
- Neuenfeldt v. StateWisconsin Supreme Court · 1965
- Schnoor Ex Rel. Schnoor v. MeineckeNorth Dakota Supreme Court · 1950
- Merriman v. Cash-Way, Inc.Wisconsin Supreme Court · 1967
- Anderson v. StateWisconsin Supreme Court · 1974
- Lozon v. Leamon Bakery Co.Wisconsin Supreme Court · 1925
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