Prahl v. Town of Waupaca
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. The purpose of this action is to recover damages for injuries sustained by the plaintiff upon an alleged defective highway in the defendant town. The accident is alleged to have occurred by reason of plaintiff’s horse becoming momentarily frightened at some drain pipes left in the highway near the traveled track.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. The purpose of this action is to recover damages for injuries sustained by the plaintiff upon an alleged defective highway in the defendant town. The accident is alleged to have occurred by reason of plaintiff’s horse becoming momentarily frightened at some drain pipes left in the highway near the traveled track. The jury, by a special verdict, found that the accident occurred at a culvert on a turnpike eleven feet wide and eighteen inches high, with abrupt sides. They also found that the drain pipes…
1Opinion of the CourtBabdeeN, J.
The main question litigated in the trial court, and the one urged with greatest vigor on this appeal, is that the highway was not shown to be in such a state of insufficiency or want of repair as to render defendant liable for plaintiff’s accident. The facts regarding the exact condition of the highway were in sharp dispute. The accident occurred at a culvert in a narrow turnpike, in a depression between two hills. The testimony regarding the width of the culvert and the height of the turnpike was conflicting. The jury found the culvert was eleven feet wide, and the turnpike was eighteen…
2Cases cited3 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Chappell v. Town of OregonWisconsin Supreme Court · 1874
3Cited by5 opinions
- Kawiecka v. City of SuperiorWisconsin Supreme Court · 1908
- Sweetman v. City of Green BayWisconsin Supreme Court · 1912
- Dorwin v. HagertyWisconsin Supreme Court · 1908
- Blaschke v. City of WatertownWisconsin Supreme Court · 1937
- Stauffacher v. Town of SylvesterWisconsin Supreme Court · 1902