Lauson v. Town of Fond du Lac
Wisconsin Supreme Court
’ ■ Appeal from a judgment of tbe circuit court for Fond du Lac county: E. Eat Steven's, Judge. ■ Action to recover damages for injuries alleged to bave been sustained by reason of a defect in a highway. Tbe plaintiff was riding in an automobile driven by one Eobert Hippe, on tbe main highway between the cities of Waupun and Fond du Lac. A culvert in tbe road was being replaced, leaving an opening therein about eight feet in width and nine feet in depth.
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’ ■ Appeal from a judgment of tbe circuit court for Fond du Lac county: E. Eat Steven's, Judge. ■ Action to recover damages for injuries alleged to bave been sustained by reason of a defect in a highway. Tbe plaintiff was riding in an automobile driven by one Eobert Hippe, on tbe main highway between the cities of Waupun and Fond du Lac. A culvert in tbe road was being replaced, leaving an opening therein about eight feet in width and nine feet in depth. Farriers were erected on either side of the opening, such barriers consisting of a single sixteen-foot fence board extending across the…
1Opinion of the CourtBaRNes, J.
The defendant seeks to defeat recovery on the ground that the driver of the automobile was guilty of contributory negligence, and that the court should have so decided as a matter of law. The automobile in question was a private conveyance, and if its driver failed to exercise ordinary care, and such failure contributed to produce the injury complained of, the plaintiff cannot recover. Ritger v. Milwaukee, 99 Wis. 190, 74 N. W. 815; Prideaux v. Mineral *59Point, 43 Wis. 513; Otis v. Janesville, 47 Wis. 422, 2 N. W. 783; Olson v. Luck, 103 Wis. 33, 79 N. W. 29; Lightfoot v. Winnebago T. Co. 123…
2Cases cited9 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
- City of Milwaukee v. DavisWisconsin Supreme Court · 1858
- Otis v. Town of JanesvilleWisconsin Supreme Court · 1879
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
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3Cited by133 opinions
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- Morehouse v. City of EverettWashington Supreme Court · 1926
- Murphy v. HawthorneOregon Supreme Court · 1926
- West Construction Co. v. WhiteTennessee Supreme Court · 1914
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