Houfe v. Town of Fulton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. Action to recover damages for injuries sustained by tbe appellant by reason of defects in a bridge over Rock river in tbe town of Eulton.
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APPEAL from tbe Circuit Court for Bock County. Action to recover damages for injuries sustained by tbe appellant by reason of defects in a bridge over Rock river in tbe town of Eulton. Tbe complaint alleges tbe existence of a certain public bigbway in that town and of a bridge constituting part of it, and tbe liability of tbe town to keep it in good repair; that sucb bridge was and bad for a long time been insufficient and unsafe by reason of cracks and apertures between tbe planks, and tbe want of a railing, and was known to be so by tbe town supervisors and overseers of highways; and that…
1Opinion of the CourtDixoN, C. J.
We bave carefully examined tbe numerous adjudications touching tbe questions bere presented, and are of opinion, upon tbe facts wbicb tbe evidence tended to prove, that tbe nonsuit must be set aside and tbe case submitted to a jury. It is not claimed that tbe absence of any railing or barrier at tbe side of tbe bridge where tbe injury happened, to prevent tbe teams and vehicles of travelers and even foot passengers from passing or being precipitated over tbe edge and into tbe river below, was not a fact from which tbe jury might find an insufficiency or want of repair, within tbe meaning of…
2Cases cited5 opinions
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Allen v. Town of HancockSupreme Court of Vermont · 1844
3Cited by48 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
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