Loberg v. Town of Amherst
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. This was an action for the recovery of damages sustained by reason of alleged defects and insufficiencies of the highway of the defendant town which passes through the village of Amherst, being the main street in the village, and a part of the Stevens Point and Waupaca road, which runs from Amherst Junction to the said village, passing in front of the school-house, and thence across Waupaca river to the city of Waupaca.
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APPEAL from the Circuit Court for Portage County. This was an action for the recovery of damages sustained by reason of alleged defects and insufficiencies of the highway of the defendant town which passes through the village of Amherst, being the main street in the village, and a part of the Stevens Point and Waupaca road, which runs from Amherst Junction to the said village, passing in front of the school-house, and thence across Waupaca river to the city of Waupaca. The defects complained of consisted of a plank crosswalk commencing at the sidewalk on the west side of said street or road…
1Opinion of the CourtPinney, J.
1. The uncontradicted evidence makes it very-plain that the crosswalk extending from the western portion or side of the highway, turnpiked up as it was, over the so-called depression, gutter, or ditch, was in no just or proper sense an obstruction or defect in the highway in question. In respect to the manner of its construction, its situation and location with reference to the sidewalk on the west side of the highway and somewhat above it and the ditch beneath it, as well as the highway itself, there is no question or controversy. There was no question to be submitted to the jury in…
2Cases cited8 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
- Hundhausen v. BondWisconsin Supreme Court · 1874
- Raymond v. KesebergWisconsin Supreme Court · 1893
- Jochem v. RobinsonWisconsin Supreme Court · 1886
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3Cited by15 opinions
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- East Tennessee Telephone Co. v. ParsonsCourt of Appeals of Kentucky · 1913
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