Bodah v. Town of Deer Creek
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John G-oodland, Circuit Judge. Action to recover damages alleged to have been caused to> plaintiff by the unsafe condition of a public highway in the defendant town. Defendant’s counsel objected to any evidence under the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
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Appeal from a judgment of the circuit court for Outa-gamie county: John G-oodland, Circuit Judge. Action to recover damages alleged to have been caused to> plaintiff by the unsafe condition of a public highway in the defendant town. Defendant’s counsel objected to any evidence under the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The objection was sustained, and, no request being made for leave to amend, judgment was entered dismissing the action, and for costs in defendant’s favor. Plaintiff appealed from such judgment. argued that a…
1Opinion of the CourtMarshall, J.
The alleged defective highway was described as a graded way about forty rods long, not to exceed nine and one-half feet wide on the surface, with a ditch or gully about two and one-half feet deep on each, side, and no *511guard or railing to prevent vehicles, wagons, or sleighs from leaving the surface and sliding into one of the side ditches. The allegation as to the occasion of the injury is, in substance, that as plaintiff was traveling on the highway with a team of horses and sleigh loaded with logs, on which he was standing, the sleigh, with its load, slued into the ditch on the south side…
2Cited by3 opinions
- Soule v. WeatherbyUtah Supreme Court · 1911
- Bell v. Town of LessorWisconsin Supreme Court · 1910
- Reuter v. Dickinson Building & Loan Ass'nNorth Dakota Supreme Court · 1933