Althouse v. Town of Jamestown
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant-county: Geo. OlemeNtsoN, Circuit Judge. This action was for the recovery of damages against the' defendant town, alleged to have resulted from injuries to the plaintiff’s minor daughter while in her service, and to the plaintiff’s horse and wagon, all caused by the breaking' down of a bridge across a public highway in said town while her said daughter was driving over the same, by reason of its defective and ins-ufflcient…
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Appeal from a judgment of the circuit court for Grant-county: Geo. OlemeNtsoN, Circuit Judge. This action was for the recovery of damages against the' defendant town, alleged to have resulted from injuries to the plaintiff’s minor daughter while in her service, and to the plaintiff’s horse and wagon, all caused by the breaking' down of a bridge across a public highway in said town while her said daughter was driving over the same, by reason of its defective and ins-ufflcient condition, in consequence of' rotten timbers having been used in its construction. The complaint alleged the giving of…
1Opinion of the CourtPiNNey, J.
1. The defendant was required by its answer, in order to create an issue, to interpose “ a general or specific denial of each material allegation of the complaint controverted by it, or of any knowledge or information thereof sufficient to form a belief.” R. S. sec. 2655. And by sec. 2667 it is provided that “ every material allegation of the complaint, not controverted by the answer, as hereinbefore prescribed, . . . shall, for the purposes of the action, be taken as true.” There is no claim but that the defendant could state the contents of the notice upon information and belief, or deny…
2Cases cited1 opinion
- Wentworth v. Town of SummitWisconsin Supreme Court · 1884
3Cited by2 opinions
- Carpenter v. Town of RollingWisconsin Supreme Court · 1900
- Bakas v. Casparis Stone Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1913