Meidenbauer v. Town of Pewaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Wauke-sha county: David W. Ageew, Judge. Action to recover for an injury, to person and property alleged to have been proximately caused by insufficiency of a highway in the defendant town. The Waukesha Lime & Stone Company maintained a railway track within the limits of an east and west highway, crossing the one in question, which was a north and south road.
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Appeal from a judgment of tbe county court of Wauke-sha county: David W. Ageew, Judge. Action to recover for an injury, to person and property alleged to have been proximately caused by insufficiency of a highway in the defendant town. The Waukesha Lime & Stone Company maintained a railway track within the limits of an east and west highway, crossing the one in question, which was a north and south road. It was in the habit of. leaving a locomotive engine standing at a particular point, on such track, a short distance west Of the intersection of the east and west with the north and south…
1Opinion of the CourtMaisshall, J.
Was the question, “Did tbe unguarded bole witbin tbe limits of tbe highway cause such highway to be in a condition of insufficiency,” fatally defective? Counsel for appellant suggests it was because tbe proper test of tbe suitableness of a highway is whether it is reasonably safe for public travel by persons in tbe exercise of ordinary care, and that tbe way tbe question was worded tbe jury may not have *330gotten that idea. Furthermore, that tbe recitals as to the quarry bole being within the limits of the highway and its being unguarded, invaded the province of the jury.
There was no dispute as…
2Cases cited15 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Carpenter v. Town of RollingWisconsin Supreme Court · 1900
- Hawes v. Town of Fox LakeWisconsin Supreme Court · 1873
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3Cited by3 opinions
- Morris v. Juneau CountyWisconsin Supreme Court · 1998
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- Swiergul v. Town of SuamicoWisconsin Supreme Court · 1931