Welsh v. Town of Argyle
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Fay-ette county: Geo. CleheNtsoN, Circuit Judge. The action is to recover damages alleged to have been caused by a defective highway. The plaintiffs were copart-ners engaged in a general livery business. One Daniel. Fisher hired a team from them, which he drove over and along a highway of the defendant town.
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Appeal from a judgment of the circuit court for La Fay-ette county: Geo. CleheNtsoN, Circuit Judge. The action is to recover damages alleged to have been caused by a defective highway. The plaintiffs were copart-ners engaged in a general livery business. One Daniel. Fisher hired a team from them, which he drove over and along a highway of the defendant town. The highway crossed a bridge, and ran for a short distance along beside a small stream, called “Mud Creek,” to the left and within about fifteen feet of it. At the time there was a freshet in the stream, and the water had risen above the…
1Opinion of the CourtNewhaN, J.
It was obvious to Fisher that the road, though somewhat inconvenient for passage by reason of the ice over *651it, was yet safe. It was obvious also tbat tbe creek was in a state of freshet. He realized that. He knew also that, while the stream might be safe to ford in ordinary water, it might be dangerous in time of freshet. He saw the situation. Three courses were open to him: He could follow the road and be safe, though with some inconvenience; he could take the chance of the ford; he could turn back and cross the stream at some other point,, also at some inconvenience. He chose the only…
2Cases cited3 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Hawes v. Town of Fox LakeWisconsin Supreme Court · 1873
- Goeltz v. Town of AshlandWisconsin Supreme Court · 1890
3Cited by6 opinions
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Coppins v. Town of JeffersonWisconsin Supreme Court · 1906
- Rysdorp v. George Pankratz Lumber Co.Wisconsin Supreme Court · 1897
- Mueller v. City of MilwaukeeWisconsin Supreme Court · 1957
- Krause v. City of MerrillWisconsin Supreme Court · 1902
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