Prideaux v. City of Mineral Point
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action by husband and wife for injuries to the wife alleged to have been caused by a defective street in the defendant city. The answer denies that the street was unsafe, and alleges contributory negligence. On the 22d of August, 1875, Messrs.
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APPEAL from the Circuit Court for Iowa County. Action by husband and wife for injuries to the wife alleged to have been caused by a defective street in the defendant city. The answer denies that the street was unsafe, and alleges contributory negligence. On the 22d of August, 1875, Messrs. Ternes and May, residents of the defendant city, hired a two-seated carriage from a livery stable therein for the purpose of making a visit to the house of one Hubbard, six or seven miles out of the city. Ternes lived a quarter of a mile from the place of the accident;. and May resided, and had resided for…
1Opinion of the CourtRyan, C. J.
I. There is no error in the admission or exclusion of evidence, to disturb the judgment.
Notice of the insufficiency of the highway, or reasonable opportunity of knowing it, was necessary to charge the appellant. Express notice to the authorities of the city was plainly proper. Harper v. Milwaukee, 30 Wis., 365. And the evidence offered that the authorities of the city, upon actual view, were satisfied with the condition of the highway, was clearly inadmissible to excuse the appellant. Sec. 1 of chapt. 5 of the charter, chapt. 237 of 1873, does not, if it could, make the judgment of the common…
2Cases cited15 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
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3Cited by77 opinions
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- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
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