Matthews v. Town of Baraboo
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sauk County. Action for damages for injury to tbe' plaintiff’s person, caused by a defective highway.
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APPEAL from tbe Circuit Court for Sauk County. Action for damages for injury to tbe' plaintiff’s person, caused by a defective highway. Tbe complaint, as amended, alleges that tbe defendant bad “allowed, carelessly, negligently and unlawfully, a large 'rock or stone and a rut to be and remain in one of tbe most public highways in defendant’s town, * * * * * and that one of tbe forward wheels of said wagon in which said plaintiff was riding so as aforesaid, suddenly struck said rock, or stone, or dropped into said rut,” whereby the plaintiff was injured, etc.; but the words in italics were…
1Opinion of the CourtRyaN, C. J.
The complaint, before amendment after verdict, charged the defect of the highway, and the resulting accident, to a rock or stone. Witnesses attributed the accident to a stone and to a rut; some to the one, some to the other, and some to both. All this testimony was taken without objection; no exception whatever to evidence appearing in the bill of exceptions. This no.t unnaturally led the learned judge of the court below to think the complaint broad enough to cover both stone and rut; and so he charged the jury. The variance between the jdeading and the proof appears not to have been pointed…
2Cases cited5 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Flanders v. CottrellWisconsin Supreme Court · 1875
- Fobes v. School DistrictWisconsin Supreme Court · 1859
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
- Gee v. SwainWisconsin Supreme Court · 1860
3Cited by15 opinions
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- James v. City of PortageWisconsin Supreme Court · 1880
- McKinney v. JonesWisconsin Supreme Court · 1882
- Goeltz v. Town of AshlandWisconsin Supreme Court · 1890
- Klaus v. KlausWisconsin Supreme Court · 1916
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