Curtiss v. Town of Bovina
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county; Johit G-oodlahd, Circuit Judge. This is an action to recover damages claimed to he due to a fall caused by a defective bridge crossing the Sehioc river. It is alleged that the bridge constituted a part of a highway on a town line which was maintained by the defendant town. The bridge in question crosses the Schioc river.
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Appeal from a judgment of the circuit court for Outa-gamie county; Johit G-oodlahd, Circuit Judge. This is an action to recover damages claimed to he due to a fall caused by a defective bridge crossing the Sehioc river. It is alleged that the bridge constituted a part of a highway on a town line which was maintained by the defendant town. The bridge in question crosses the Schioc river. A highway has been laid out and leads up to the river on the west, so that the north line of the bridge and the south boundary of the highway as laid out practically meet and make one line. The bridge was…
1Opinion of the CourtSiebecker, J.
The trial court held that the inquiry as to-whether or not the bridge in question was a part of the highway of the defendant town was one for the jury under the evidence adduced. The evidential facts to support plaintiff’s claim that the bridge is part of the highway are that the bridge is adjacent to and a continuation of the road laid out by the town authorities to the west shore of the river, that persons using the road would necessarily have to use the bridge to cross the river in driving to any place on the east thereof, and that the persons who own land on the east of the river have in…
2Cases cited3 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
- State ex rel. Lightfoot v. McCabeWisconsin Supreme Court · 1889
- Bogie v. Town of WaupunWisconsin Supreme Court · 1889
3Cited by2 opinions
- Frankfort General Insurance v. City of MilwaukeeWisconsin Supreme Court · 1916
- Nuthals v. City of Green BayWisconsin Supreme Court · 1916