Berg v. Town of Auburn
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Chippewa county: A. J. ViNje, Circuit Judge. This is an appeal from a judgment recovered against the defendant town in a-personal injury action. The plaintiffs horse shied at a piece of iron culvert pipe placed in a public highway by authority of the town officers, and the plaintiff was thrown from a buggy and injured.
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Appeal from a judgment of tbe circuit court for Chippewa county: A. J. ViNje, Circuit Judge. This is an appeal from a judgment recovered against the defendant town in a-personal injury action. The plaintiffs horse shied at a piece of iron culvert pipe placed in a public highway by authority of the town officers, and the plaintiff was thrown from a buggy and injured. The jury returned the following verdict: “(1) Was the pipe in the position and condition it was allowed to remain by the defendant an object likely to frighten horses of ordinary gentleness driven along the highway % A. Yes. “(2)…
1Opinion of the CourtEjeewin, J.
1. Error is assigned because of the refusal of the court to grant defendant’s motion for nonsuit and the refusal to amend the special verdict and order judgment for the defendant. This contention is based upon the idea that the pipe placed in the highway was not unlawfully there and was not of such a character as to amount to an obstruction or render the highway defective, and that the pipe having been placed irpon the highway for the purpose of repairing a culvert therein it was lawfully there, hence there was no liability on the part of the town. The evidence shows that the highway in…
2Cases cited9 opinions
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Loberg v. Town of AmherstWisconsin Supreme Court · 1894
- Laird v. Town of OtsegoWisconsin Supreme Court · 1895
- Carlon v. Town of GreenfieldWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Bell v. Gray-Robinson Construction Co.Wisconsin Supreme Court · 1954
- Jensen v. Town of Oconto FallsWisconsin Supreme Court · 1925
- Bennett v. Illinois Power & Light Corp.Appellate Court of Illinois · 1933