Roberts v. Wisconsin Telephone Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dome County. The facts alleged in the complaint are sufficiently stated in the opinion. The defendant appeals from an order overruling a general demurrer. They contended, imter alia, that the defendant was required to erect its poles so that they should not obstruct or incommode the public use of the highway.
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APPEAL from tbe Circuit Court for Dome County. The facts alleged in the complaint are sufficiently stated in the opinion. The defendant appeals from an order overruling a general demurrer. They contended, imter alia, that the defendant was required to erect its poles so that they should not obstruct or incommode the public use of the highway. Sec. 1778, R. S. As against the defendant the fight of the public to use the highway in question was not confined to the traveled track, although a town is only bound to maintain the latter. Wood, Nuis. (2d ed.), sec. 248; Dickey v. MaAne Tel. Go. 46 Me.…
1Opinion of the CourtCole, C. J.
This is an action for personal injuries. It appears from the complaint that the plaintiff was riding with another man in a buggy along the highway, which was almost perfectly level and without any banks, borders, ditches, or rough or uneven places, or obstructions of any kind in it, excejrt telephone poles which were set in the highway eleven rods apart, and about four or sis feet south from the fence on the north side thereof. There were three traveled tracks about equally used by the public for traveling. The track on the north side of the highway was about eight feet from the fence on the…
2Cases cited2 opinions
- Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884
- Jackson v. Town of BellevieuWisconsin Supreme Court · 1872
3Cited by11 opinions
- Weiss v. HolmanWisconsin Supreme Court · 1973
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Mcfarlane v. Town of SullivanWisconsin Supreme Court · 1898
- Gray v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1966
- City of Marshfield v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1899
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