Salladay v. Town of Dodgeville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action to recover damages for injuries sustained July 11, 1891, by the plaintiff while traveling on a certain highway of the defendant town, alleged to be insufficient and out of ¡repair, in that at the point in question it was in a “ general ■bad condition, and some loose stones were lying in the traveled track of the said highway, which passes the Floyd school-house in said town, at a point therein about one hundred yards east…
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APPEAL from the Circuit Court for Iowa County. Action to recover damages for injuries sustained July 11, 1891, by the plaintiff while traveling on a certain highway of the defendant town, alleged to be insufficient and out of ¡repair, in that at the point in question it was in a “ general ■bad condition, and some loose stones were lying in the traveled track of the said highway, which passes the Floyd school-house in said town, at a point therein about one hundred yards east of the residence of Mrs. Freeman, and somewhere near the line of sections twenty and twenty-nine, town seven north,…
1Opinion of the CourtPiNNbt, J.
1. The statute requires (S. & B. Ann. Stats, sec. 1339) as a condition of maintaining an action for damages sustained by any person by reason of the insufficiency or want of repairs of any highway, that within ninety days after the happening of such event notice in writing signed by the party, his agent or attorney, shall be given to a supervisor of the town against which damages are claimed, “ stating the place where such damage occurred, and describing generally the insufficiency or want of repair which occasioned it.” The object of the notice is “ that the town authorities may investigate…
2Cases cited4 opinions
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- White v. Town of StoweSupreme Court of Vermont · 1881
- Fopper v. Town of WheatlandWisconsin Supreme Court · 1884
- Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
3Cited by9 opinions
- Cupps v. StateWisconsin Supreme Court · 1904
- Lesh v. Illinois Steel Co.Wisconsin Supreme Court · 1916
- Benson v. City of MadisonWisconsin Supreme Court · 1898
- Creamery Package Manufacturing Co. v. HotsenpillerIndiana Supreme Court · 1902
- Kohlhoff v. StateWisconsin Supreme Court · 1978
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