Stone v. Town of Tilden
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Chippewa county: A. J. Viitje, Circuit Judge. The complaint, as amended by certain admissions on the trial, alleged that a certain highway bridge in the defendant town was insufficient in construction and out of repair, to the hnowledge of the defendant; that the plaintiffs, on October 11, 1902, were carefully moving a traction engine, wbicli itself weighed not to exceed 12,800 pounds, but with its equipments, attachments, and…
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Appeal from a judgment of tbe circuit court for Chippewa county: A. J. Viitje, Circuit Judge. The complaint, as amended by certain admissions on the trial, alleged that a certain highway bridge in the defendant town was insufficient in construction and out of repair, to the hnowledge of the defendant; that the plaintiffs, on October 11, 1902, were carefully moving a traction engine, wbicli itself weighed not to exceed 12,800 pounds, but with its equipments, attachments, and the load which it was hauling exceeded seven tons in weight; that while all of said outfit was upon said bridge, but…
1Opinion of the Court
"WiNsnow, J.
The complaint, as amended, shows affirmatively that the traction engine in question weighed less than 12,800 pounds, but that with its equipments and the load *292wbicb it was hauling it exceeded tbe weight allowed by the statute, and that the bridge was not spanned with planks as required by the statute, before crossing. Sec. 13476, Stats. 1898,' as amended by ck. 197, Laws of 1899. The appellant’s claim is that, because it is alleged that neither the weight of the load which the engine was pulling nor the failure to lay planks upon the bridge caused or contributed to the breaking of…
2Cases cited3 opinions
- Walker v. Village of OntarioWisconsin Supreme Court · 1901
- Welch v. Town of GenevaWisconsin Supreme Court · 1901
- Walker v. Village of OntarioWisconsin Supreme Court · 1903
3Cited by1 opinion
- Jones v. Union CountyOregon Supreme Court · 1912