Carlon v. Town of Greenfield
Wisconsin Supreme Court
Ahpeai, from a judgment of the circuit court for Sauk county: E. Ray Stevews, Circuit Judge. Plaintiff brought an action to recover damages for injuries to his person and property which he alleges were caused by the negligence of the defendant. The defendant interposed a general denial.
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Ahpeai, from a judgment of the circuit court for Sauk county: E. Ray Stevews, Circuit Judge. Plaintiff brought an action to recover damages for injuries to his person and property which he alleges were caused by the negligence of the defendant. The defendant interposed a general denial. The complaint alleges that the defendant caused material used for the repair of culverts on the highway to be deposited in a negligent manner near the place of the accident, that the damages sustained by him were attributable thereto, and that he was without fault. The evidentiary facts are that the plaintiff…
1Opinion of the CourtSiebecker, J.
The reception of defendant’s evidence showing the purpose for which the material was placed in the highway at the point of accident was not erroneous under the pleading. The complaint alleges that the defendant town had placed this material at this place for tire purpose of using it to repair the culverts in the highway. In view of this allegation, though the answer did not allege that it was placed there for this purpose, the plaintiff could not be prejudiced by the reception of evidence showing the same fact. Were the complaint silent on the subject, then such evidence would only be proper…
2Cases cited5 opinions
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
- Loberg v. Town of AmherstWisconsin Supreme Court · 1894
- Cairncross v. Village of PewaukeeWisconsin Supreme Court · 1890
- Laird v. Town of OtsegoWisconsin Supreme Court · 1895
3Cited by7 opinions
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Bell v. Gray-Robinson Construction Co.Wisconsin Supreme Court · 1954
- Beltran v. StroudArizona Supreme Court · 1945
- Jensen v. Town of Oconto FallsWisconsin Supreme Court · 1925
- Skiris v. City of Port WashingtonWisconsin Supreme Court · 1936
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