Sutton v. Town of Wauwatosa
Wisconsin Supreme Court
APPEAL from County Court for Milivauhee Comity. Action against a town to recover damages for injuries to plaintiff’s cattle, caused by tbe breaking down of a defective bridge wbicb tbey were crossing. The plaintiff started from Columbus on a Friday morning with, a drove of about fifty cattle, intending to take them to Milwaukee, and sell them.
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APPEAL from County Court for Milivauhee Comity. Action against a town to recover damages for injuries to plaintiff’s cattle, caused by tbe breaking down of a defective bridge wbicb tbey were crossing. The plaintiff started from Columbus on a Friday morning with, a drove of about fifty cattle, intending to take them to Milwaukee, and sell them. Stopping at Hartland over Saturday night, he resumed his journey on Sunday morning, and at about four o’clock, P. M., reached a public bridge of about seventy-two feet span, over the Menomonee river, in the town of Wauwatosa. The cattle were driven upon…
1Opinion of the CourtDixojt, C. J.
It is very clear that the plaintiff, in driving his cattle along the road and over the bridge, to a market, on Sunday, was at the time of the accident' in the act of violating the provisions of the statute of this state, which prohibits, under a penalty not exceeding two dollars for each offense, the doing of any manner of labor, business or work on that day, except only works of necessity or charity, R. S., c. 183, § 5. It was upon this ground the non-suit was directed by the court below, and the point thus presented, that the unlawful act of -the plaintiff was negligence, or a fault on his…
2Cases cited3 opinions
- Merritt v. . EarleNew York Court of Appeals · 1864
- Cotton v. SharpsteinWisconsin Supreme Court · 1861
- In re MowryWisconsin Supreme Court · 1860
3Cited by70 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Broschart v. TuttleSupreme Court of Connecticut · 1890
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