Bremer v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Action to recover damages for personal injury. 'First avenue and Sixth street are public highways of defendant and are connected by a viaduct over the Menomonie river and valley. Over the river and forming a part of the highway is a bascule bridge, the north and south ends or leaves of which are raised to permit the passage of boats.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Action to recover damages for personal injury. 'First avenue and Sixth street are public highways of defendant and are connected by a viaduct over the Menomonie river and valley. Over the river and forming a part of the highway is a bascule bridge, the north and south ends or leaves of which are raised to permit the passage of boats. When the bridge is about to be raised signals are given by the bridge tender. They consist of a danger light just above the center of the bridge, the ringing of…
1Opinion of the CourtViNJE, J.
Counsel for plaintiff argue that the evidence showed the existence of an insufficiency or want of repair in the highway creating a liability under sec. 1339, Stats. 1915, and that the court was not warranted in drawing the inference that the injury was caused solely by the negligence of the bridge tender. A brief reference to the pleadings and *166tbe evidence will disclose tbe fallacy of these contentions. The complaint alleges
“that on tbe 8th day of January, 1916, said highway was insufficient and out of repair in that defendant by its agents, servants, and employees, without notice and…
2Cases cited2 opinions
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
3Cited by4 opinions
- Bettencourt v. State of CaliforniaCalifornia Court of Appeal · 1954
- Sylvester v. City of MilwaukeeWisconsin Supreme Court · 1940
- Leannah v. City of Green BayWisconsin Supreme Court · 1923
- Town of New Holstein v. Industrial CommissionWisconsin Supreme Court · 1926