Jaquish v. Town of Ithaca
Wisconsin Supreme Court
APPEAL from the Circuit Court for Vernon County. Action to recover damages for injuries to his person and property suffered by the plaintiff by reason of a defective bridge, parcel of a highway in the defendant town.
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APPEAL from the Circuit Court for Vernon County. Action to recover damages for injuries to his person and property suffered by the plaintiff by reason of a defective bridge, parcel of a highway in the defendant town. It appears that during the afternoon of March 8, 1871, the plaintiff attempted to drive a team of horses across such bridge; but the horses broke through, or ran off, the bridge into the water, and one of them was drowned, and the other so injured that he died soon after being rescued. The stream was usually very small, but at the time of the accident was so much swollen by rain…
1Opinion of the CourtLyon, J.
The questions to be here determined are those only which are presented by the motion for a new trial, and these will be stated and considered in their order.
1. The learned counsel for the defendant earnestly contended in their argument, that it is fully established by the evidence in the case that the town cannnot be held liable for the accident to the plaintiff, even though the latter was free from negligence. It is not denied that the bridge was out of repair when the accident happened; but it is claimed that it suddenly and unexpectedly became so but recently before that time, by reason of…
2Cases cited2 opinions
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Blackman v. Town of DunkirkWisconsin Supreme Court · 1865
3Cited by15 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
- Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
- Lombard v. McMillanWisconsin Supreme Court · 1897
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