Legal Opinion · Dissent

Heritage Mutual Insurance v. Sheboygan County

Wisconsin Supreme Court

Decided November 27, 1962Published

1DissentGordon, J.

In my opinion, there was no duty on the part of Sheboygan county to give special notice of its grading operation to persons in this driver’s position. Under the circumstances, the grading activities themselves were entirely adequate notice.

The accident occurred in broad daylight; the weather was clear, bright, and dry. Mr. Sebald observed the county’s grading machine 600 feet before he reached the portion of the highway being graded. He had traveled this road many times before the accident and knew that the road surface changed to gravel at this point. The gravel ridge was eight inches high…

2Cases cited3 opinions

  1. Loehe v. Village of Fox PointWisconsin Supreme Court · 1948
  2. Butcher v. City of RacineWisconsin Supreme Court · 1926
  3. Buckley v. County of WashingtonWisconsin Supreme Court · 1926

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