McCabe v. Town of Hammond
Wisconsin Supreme Court
APPEAL from the Circuit Court for >Sl. Croix County. Action to recover damages for personal injuries alleged to have been received by the plaintiff by reason of a defect in one of the public highways in°the defendant town. The defect complained of was a snow drift which rendered the track usually travelled impassable for teams; and the plaintiff was injured by the upsetting of his sleigh when he was attempting to drive around the drift.
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APPEAL from the Circuit Court for >Sl. Croix County. Action to recover damages for personal injuries alleged to have been received by the plaintiff by reason of a defect in one of the public highways in°the defendant town. The defect complained of was a snow drift which rendered the track usually travelled impassable for teams; and the plaintiff was injured by the upsetting of his sleigh when he was attempting to drive around the drift. This occurred during the forenoon of Friday, February 16,1872. It appears that on the Tuesday preceding, there was a severe snow storm, accompanied by a heavy…
1Opinion of the CourtLyon, J.
The statute makes it the duty of overseers of highways, whenever any portion of the highways in their respective districts is rendered impassable by snow drifts, “ to call out, upon one day’s notice, the tax payers of said districts, and immediately put said part or parts of said highways in passable order.” Laws of 1864, ch. 343 (Tay. Stats., 487, § 45). The statute contains other provisions prescribing the powers and duties of the overseers when it is impracticable to remove the drifts, but these have no application to this case. Compliance with this statute will relieve the town from all…
2Cases cited1 opinion
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
3Cited by2 opinions
- Uecker v. Town of ClymanWisconsin Supreme Court · 1908
- Peterson v. South Shore Lumber Co.Wisconsin Supreme Court · 1899