Legal Opinion

Fopper v. Town of Wheatland

Wisconsin Supreme Court

Decided February 19, 1884PublishedCited by 16 opinions

APPEAL from the Circuit Court for Vernon County. The case is stated in the opinion. The notice served on the chairman of the defendant town was as follows: “ To ‘ the Supervisors of the Town of Wheatland, Yernon County, State of Wisconsin: “ Please take notice, that Michael Fopper hereby presents his claim against the Town of Wheatland aforesaid, for tbe sum of $500, for injuries received by him in person, said injuries received on the 20th day of December, 1880, while…

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APPEAL from the Circuit Court for Vernon County. The case is stated in the opinion. The notice served on the chairman of the defendant town was as follows: “ To ‘ the Supervisors of the Town of Wheatland, Yernon County, State of Wisconsin: “ Please take notice, that Michael Fopper hereby presents his claim against the Town of Wheatland aforesaid, for tbe sum of $500, for injuries received by him in person, said injuries received on the 20th day of December, 1880, while traveling on the public highway, in section 18 in said town, and between the residences of H. M. Bean and O. D. Wilson, and…

1Opinion of the CourtORtoN, J.

This action is brought to recover damages for personal injury occasioned by the insufficiency or want of. repair of a certain highway in the defendant town.

1. The evidence, which tended to show that the highway at the place of the injury was so narrow and so hedged in by an embankment on one side and a fence on the other that two teams could not safely pass each other, and that such was its condition for a long distance, and that the plaintiff, in attempting to pass another team at such place, in the most prudent manner, suffered the injury complained of, and that the team approaching him and…

2Cases cited3 opinions

  1. Teegarden v. Town of CaledoniaWisconsin Supreme Court · 1880
  2. State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
  3. Thompson v. JonesWisconsin Supreme Court · 1856

3Cited by16 opinions

  1. Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
  2. Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
  3. Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
  4. Sowle v. City of TomahWisconsin Supreme Court · 1892
  5. Wieting v. Town of MillstonWisconsin Supreme Court · 1890

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