Carlson v. City of Washburn
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: Gr. N. Ris.toed, Circuit Judge. This action was brought to recover damages on account of alleged defects in a highway, which it was claimed caused the death of one Fred Carlson. His widow sues as administra-trix.
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Appeal from a judgment of the circuit court for Bayfield county: Gr. N. Ris.toed, Circuit Judge. This action was brought to recover damages on account of alleged defects in a highway, which it was claimed caused the death of one Fred Carlson. His widow sues as administra-trix. Two causes of action are set out in the complaint;.the first to recover damages for pain, suffering, and medical expense incurred by the husband, and the second to recoyer damages under sec. 4255, Stats. Between Fifth and Sixth avenues in the city of Washburn, Bayfield street crosses a ravine over which there is a…
1Opinion of the CourtBaRNEs, J.
The only evidence we have as to how the deceased was injured is his own statement that he was going to sit down and he fell over and that was the last he knew. If *622this statement he accepted as the fact, it is difficult to see how the height or the condition of the railing could he said to be a proximate cause of the injury. The railing was found in practically the same condition after the accident that it was in before. But if the alleged defects in the railing were a proximate cause of such injury the city would not he liable, because it was only bound to make the railing reasonably safe and…
2Cases cited4 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Hawes v. Town of Fox LakeWisconsin Supreme Court · 1873
- Goeltz v. Town of AshlandWisconsin Supreme Court · 1890
3Cited by1 opinion
- Coffin v. City of ChicagoAppellate Court of Illinois · 1929