Houfe v. Town of Fulton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. Action to recover damages for injuries sustained by respondent by reason of defects in a bridge over Rock River. The decision of this court on a former appeal in the action is reported in 29 Wis., 296-307, where the facts relied on to establish the negligence of the defendant sufficiently appear.
Read the full summary
APPEAL from the Circuit Court for Rode County. Action to recover damages for injuries sustained by respondent by reason of defects in a bridge over Rock River. The decision of this court on a former appeal in the action is reported in 29 Wis., 296-307, where the facts relied on to establish the negligence of the defendant sufficiently appear. On the second trial, considerable evidence was introduced on both sides bearing on the issue of the acceptance by the defendant town of the bridge, the substance of which is stated in the opinion of the court. There was also evidence that boats, rafts,…
1Opinion of the CourtDixoN, C. J.
Suppose an injury to happen from a defect in a way formally laid out and opened by the supervisors of the town, and which has been worked and prepared for travel, and annually repaired under their authority and directions, and used by the traveling public for a number of years. And suppose, furthermore, that the proceedings to lay out and open were formal only, that is, legal and valid only in appearance or as shown on their face, but illegal and void in substance, so that no highway existed by the act of laying out and opening where the supervisors and community in general believed it was;…
2Cases cited6 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Moore v. SanborneMichigan Supreme Court · 1853
- Kneeland v. GilmanWisconsin Supreme Court · 1869
- Munson v. HungerfordNew York Supreme Court · 1849
- McDonough v. Mayor of Virginia CityNevada Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- State ex rel. Roundtree v. Board of CommissionersIndiana Supreme Court · 1881
- Lang v. City of CumberlandWisconsin Supreme Court · 1962
26 more not listed; retrieve them via the Exa API.