Legal Opinion

Leannah v. City of Green Bay

Wisconsin Supreme Court

Decided March 6, 1923PublishedCited by 3 opinions

Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover for. personal injuries sustained by plaintiff as a result of jumping from a drawbridge operated by the citjr of Green Bay. The bridge in question is located on Mason street and spans the Fox river. It is of the bas-cule type, there being a portion 115 feet long which is raised by means of an electrically operated counterweight located at its eastern end.

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Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover for. personal injuries sustained by plaintiff as a result of jumping from a drawbridge operated by the citjr of Green Bay. The bridge in question is located on Mason street and spans the Fox river. It is of the bas-cule type, there being a portion 115 feet long which is raised by means of an electrically operated counterweight located at its eastern end. The negligence charged in the complaint was, in substance, that the bridge was insecure and unsafe for the passage, of pedestrians for the…

1Opinion of the CourtJones, J.

Counsel for defendant rely on the case of Stephani v. Manitowoc, 101 Wis. 59, 76 N. W. 1110. In that case plaintiff’s intestate fell at night into the open draw of a bridge which was maintained as part of the street and frequently opened for the passage of vessels. The evidence showed that deceased had frequently crossed the bridge; that she was a woman possessed of all her faculties; that previous to the swinging of the bridge at the time of the accident a bell was sounded, .which she might have heard; that the passing vessel made a loud noise; that if she had looked and listened she might…

2Cases cited4 opinions

  1. Evans v. City of SheboyganWisconsin Supreme Court · 1913
  2. Stephani v. City of ManitowocWisconsin Supreme Court · 1895
  3. Stephani v. City of ManitowocWisconsin Supreme Court · 1898
  4. Bremer v. City of MilwaukeeWisconsin Supreme Court · 1917

3Cited by3 opinions

  1. Sylvester v. City of MilwaukeeWisconsin Supreme Court · 1940
  2. Ellerman v. City of ManitowocCourt of Appeals of Wisconsin · 2003
  3. Carpenter v. Town of Spring GreenWisconsin Supreme Court · 1939

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