Vass v. Town of Waukesha
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. Personal injuries. The plaintiff was driving his team, attached to a pair of bob-sleighs, along a highway of the defendant town, March 7, 1893. There was a wagon box on the sleigh loaded nearly full of corn, with two tiers of bags filled with oats upon the corn, and the plaintiff sat on one of the bags of oats.
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Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. Personal injuries. The plaintiff was driving his team, attached to a pair of bob-sleighs, along a highway of the defendant town, March 7, 1893. There was a wagon box on the sleigh loaded nearly full of corn, with two tiers of bags filled with oats upon the corn, and the plaintiff sat on one of the bags of oats. While so driving, he came to a spot in the highway where the snow was drifted to the depth of several feet and was practically impassable, and where a way had been cleared for teams at one…
1Opinion of the CourtWinslow, J.
Sec. 1249, S. & B. Ann. Stats., provides that when any part of the pubhc highway is blocked by snowdrifts, so as to be impassable, the overseer of highways shall, on one day’s notice, call out the taxpayers of the district and put the same in passable order. Some discussion was had between counsel and the trial judge as to the exact meaning of this statute, before any testimony was taken in the ease, and the trial judge stated that in his opinion the statute contemplated that the overseer is required to open the traveled track of the highway and make it reasonably safe for travel. Counsel for…
2Cited by4 opinions
- Kawiecka v. City of SuperiorWisconsin Supreme Court · 1908
- Pelton v. Spider Lake Sawmill & Lumber Co.Wisconsin Supreme Court · 1907
- Lawrence v. StateSupreme Court of Florida · 1903
- Uecker v. Town of ClymanWisconsin Supreme Court · 1908