Hebbe v. Town of Maple Creek
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was commenced June 1, 1900, to recover damages for injuries to the plaintiff’s wife and property, caused by an alleged defect in the public highway on the evening of December 3, 1899. The complaint contains the usual allegations in such cases.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was commenced June 1, 1900, to recover damages for injuries to the plaintiff’s wife and property, caused by an alleged defect in the public highway on the evening of December 3, 1899. The complaint contains the usual allegations in such cases. The answer consists of admissions, denials, and counter allegations to the effect that the plaintiff was guilty of contributory negligence, and that the alleged defect was outside of the traveled portion of such highway. At the close of the trial…
1Opinion of the CourtCassoday, C. J.
It is undisputed that -the highway at the place in question ran in a northerly and southerly direction; that at the place of the accident there were two tracks — one on the easterly side of the highway, designated as the main track, and the other on the westerly side of the highway, which for convenience we will call the side track; that the defect complained of consisted of a stone at or near the easterly side of the side track; and that such side track ran into the main track several rods north of where the stone was located. There is evidence on the part of the plaintiff tending to prove…
2Cases cited10 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- Carpenter v. Town of RollingWisconsin Supreme Court · 1900
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weiss v. HolmanWisconsin Supreme Court · 1973
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Plummer v. LeonhardWisconsin Supreme Court · 1969
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Carlson v. StrasserWisconsin Supreme Court · 1941
4 more not listed; retrieve them via the Exa API.