Legal Opinion

Wiltse v. Town on Tilden

Wisconsin Supreme Court

Decided June 21, 1890PublishedCited by 14 opinions

APPEAL from tbe Circuit Court for Cffwppewa County. Tbe following statement of tbe case was prepared by Mr. Justice Oassoday: This is an action for damage by reason of tbe death of tbe plaintiff’s intestate, caused by a defective highway.

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APPEAL from tbe Circuit Court for Cffwppewa County. Tbe following statement of tbe case was prepared by Mr. Justice Oassoday: This is an action for damage by reason of tbe death of tbe plaintiff’s intestate, caused by a defective highway. It appears from tbe record that tbe Bloomer road runs northerly from Chippewa Palls; that upon, that highway, and about six miles north, from Chippewa Rails, the Cook’s Valley road, so called, branches off and runs in a northwesterly direction to a place called “Cook’s Valley;” that about eighty rods from the Bloomer road the Cook’s Valley road crosses what…

1Opinion of the CourtOassoday, J.

A careful examination of the printed case convinces us that there is sufficient evidence to support the general verdict and also the particular finding against contributory negligence; and hence there was no error in refusing to nonsuit the plaintiff or set aside the verdict on that ground. The law in respect to such cases has been fully considered in Hopkins v. Rush River, 70 Wis. 10, and Jung v. Stevens Point, 74 Wis. 547.

This action is brought under secs. 4255, 4256, E. S. It is claimed that the complaint does not sufficiently allege the representative character of the plaintiff to sustain…

2Cases cited5 opinions

  1. Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
  2. Jung v. City of Stevens PointWisconsin Supreme Court · 1889
  3. Johnson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
  4. Mead v. NorrisWisconsin Supreme Court · 1867
  5. Hopkins v. Town of Rush RiverWisconsin Supreme Court · 1887

3Cited by14 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. YoungerTexas Supreme Court · 1897
  2. Andrzejewski v. Northwestern Fuel Co.Wisconsin Supreme Court · 1914
  3. Whitmer v. El Paso & S. W. Co.Court of Appeals for the Fifth Circuit · 1912
  4. Thompson v. Johnston Bros.Wisconsin Supreme Court · 1893
  5. Dillabough v. Okanogan CountyWashington Supreme Court · 1919

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