Stricker v. Town of Reedsburg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: R. Gr. Siebeokeb, Circuit Judge. This is an action to recover damages for personal injuries received by Conradina Strieker in her lifetime in consequence of being thrown from a wagon on the highway in the defendant town.
Read the full summary
Appeal from a judgment of the circuit court for Sauk county: R. Gr. Siebeokeb, Circuit Judge. This is an action to recover damages for personal injuries received by Conradina Strieker in her lifetime in consequence of being thrown from a wagon on the highway in the defendant town. She obtained a judgment in the circuit court, but, pending the appeal to this court, she died, and the plaintiff, being the administrator of the estate, has been substituted as the plaintiff in this court. The evidence upon the trial shoived that the deceased was riding with her husband in a lumber wagon on the…
1Opinion of the CourtWihslow, J.
It seems clear to us that this judgment is erroneous and must be reversed for several reasons.
1. There is no question in this case but that there was a highway by user, at the place of the accident, twenty-six feet in width, between the clump of trees on the west and the stump in question on the east. It appeared that this whole twenty-six feet was in good condition for travel at the time of the accident. It further appeared that at times there was a temporary track used east of the stump, but the proof entirely failed to show that this temporary track wras ever used long enough or…
2Cases cited5 opinions
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
- Goeltz v. Town of AshlandWisconsin Supreme Court · 1890
- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887
3Cited by11 opinions
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Neale v. StateWisconsin Supreme Court · 1909
- Nicolai v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1938
- Affeldt v. Green Lake CountyWisconsin Supreme Court · 2011
- Topham v. CaseyWisconsin Supreme Court · 1952
6 more not listed; retrieve them via the Exa API.