Ward v. Town of Jefferson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for injuries received by plaintiff in traveling upon a highway in the defendant town, in consequence of the highway being left in an unsafe condition.
Read the full summary
APPEAL from the Circuit Court for Jefferson County. Action for injuries received by plaintiff in traveling upon a highway in the defendant town, in consequence of the highway being left in an unsafe condition. The proof showed that a stump was left standing in the middle of the highway, as laid out; that there was a traveled track on each side of, but very close to, the stump ; and that, while plaintiff was driving a buggy along the road after dark, one of the wheels struck the' stump, causing the injuries complained of. The court instructed the jury, among other things, that, if the town was…
1Opinion of the CourtDixok, C. J.
The judgment in this case must be reversed, for error in that part of the instructions of the court to the jury, in which they were told that it was a question of fact for them to find, £ ‘ whether the town did or did not use ordinary care to keep the highway in a safe condition for travel.” It is to be observed that the statute creating the liability does not make it depend in any degree upon the question of diligence or a want of it on the part of the town. It declares that the town shall be liable “if any damage shall happen to any person, his team, carriage or other property, by reason of…
2Cases cited1 opinion
- Clark v. Town of CorinthSupreme Court of Vermont · 1868
3Cited by16 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Jaquish v. Town of IthacaWisconsin Supreme Court · 1874
- Klatt v. City of MilwaukeeWisconsin Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.