Jenewein v. Town of Irving
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: J”.. J. Feuit, Circuit Judge. This action was commenced June 19,1901, to recover damages for the death of the plaintiff’s wife, April 5, 1899, caused by an alleged defective culvert or sluiceway in the public highway, having deep holes and gullies on each side of said culvert and near and adjacent to the traveled track, and an absence of guards, barriers, or railings.
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Appeal from a judgment of the circuit court for Monroe county: J”.. J. Feuit, Circuit Judge. This action was commenced June 19,1901, to recover damages for the death of the plaintiff’s wife, April 5, 1899, caused by an alleged defective culvert or sluiceway in the public highway, having deep holes and gullies on each side of said culvert and near and adjacent to the traveled track, and an absence of guards, barriers, or railings. Issue being joined and trial had, the jury returned a special verdict to the effect (1) that the highway at the place where and the time when the accident happened…
1Opinion of the Court
The following opinion was filed April 19, 1904:
Cassoday, C. J.
It seems to be undisputed that the highway at the place in question runs in a northerly and southerly direction; that the road was level and practically straight over the culvert and for some distance each side, though it curved slightly toward the west; that the width of the road at the culvert was between thirteen and fourteen feet, and on a fill of some eighteen inches higher than the ground within the limits of the highway proper at either side thereof, and the sides of the fill sloped gently to the level ground; that the…
2Cases cited16 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Burke v. Poeschl Brothers, Inc.Wisconsin Supreme Court · 1968
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
- Foss v. Town of KronenwetterCourt of Appeals of Wisconsin · 1978
- Hebbe v. Town of Maple CreekWisconsin Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.