Hakes v. Town of Pine Grove
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Byron B. Park, Circuit Judge. This action was brought to recover for personal injuries sustained by plaintiff on October 21, 1916, while traveling on a public highway in defendant town. The complaint alleged a defective highway on account of stumps and roots of trees in the traveled track such as to render the highway defective. Defendant denied liability.
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Appeal from a judgment of the circuit court for Portage county: Byron B. Park, Circuit Judge. This action was brought to recover for personal injuries sustained by plaintiff on October 21, 1916, while traveling on a public highway in defendant town. The complaint alleged a defective highway on account of stumps and roots of trees in the traveled track such as to render the highway defective. Defendant denied liability. The court answered the first and second questions of the special verdict “Yes,” which found that plaintiff was injured and that the highway was insufficient for public travel.…
1Opinion of the CourtKerwin, J.
The appellant contends that a nonsuit should have been granted on the ground that the evidence showed the plaintiff guilty of contributory negligence as a matter of law. This contention is based upon the idea that the plaintiff was familiar with the highway at the point of accident and placed himself in a dangerous position upon the wagon and drove in a careless manner, causing the injury complained of.
The defects in the highway consisted of stumps, roots of trees, unevenness of the ground, and the crooked, zigzag course of the traveled track and close proximity of the traveled track to the…
2Cases cited8 opinions
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
- Jenewein v. Town of IrvingWisconsin Supreme Court · 1904
- Coppins v. Town of JeffersonWisconsin Supreme Court · 1906
- Luedke v. Town of MukwaWisconsin Supreme Court · 1895
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