Kelley v. Town of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for • Fond du Lac County. Action for damages arising from a defect in a bigliway. Tbe plaintiff was traveling along a highway in the town of Fond du Lac, in February, 1870, with a span of horses and a double sleigh loaded with wood.
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APPEAL from tbe Circuit Court for • Fond du Lac County. Action for damages arising from a defect in a bigliway. Tbe plaintiff was traveling along a highway in the town of Fond du Lac, in February, 1870, with a span of horses and a double sleigh loaded with wood. When he reached a point a short distance west of a bridge, on such highway, where the grade was narrowed, he turned his team to the south and right of the graded portion, into alow place by the side of the high ,v ay. South of tbe bridge was a pitcb-bole, in passing through which his horses started, the bolt fastening the evener to…
1Opinion of the Court
Dixoh, 0. J.
If the court was right in receiving the opinions of the witnesses for the plaintiff as to the unsafety of the traveled tracks, then it was clearly wrong in rejecting the same kind of testimony when offered by the defendant to show their safety. Three witnesses for the plaintiff were asked by his counsel, and, against the objection of the defendant, permitted to state, whether they considered the tracks or road and grade safe or not, and they said they did not; and one of them was also asked his opinion about the safety of the bridge, to which the defendant objected but was…
2Cases cited8 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Mahoney v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1870
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Harris v. Township of ClintonMichigan Supreme Court · 1887
- Weiss v. HolmanWisconsin Supreme Court · 1973
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Merkle v. Township of BenningtonMichigan Supreme Court · 1885
- Jordan v. City of SeattleWashington Supreme Court · 1901
45 more not listed; retrieve them via the Exa API.