Burns v. Town of Elba
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bodge County. As John Burns, tbe plaintiff’s intestate, was driving Ms team and wagon along a public highway in the defendant town, on the evening of July 5th, 1869, the wagon 'was turned' over, and Burns was thereby hilled.
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APPEAL from tbe Circuit Court for Bodge County. As John Burns, tbe plaintiff’s intestate, was driving Ms team and wagon along a public highway in the defendant town, on the evening of July 5th, 1869, the wagon 'was turned' over, and Burns was thereby hilled. The plaintiff, who is the widow, and the administratrix of the estate of the deceased, brought this action to recover damages therefor, alleging that the accident was caused by the insufficiency of the highway at the point where her intestate was killed. It appears from the evidence,' that at this point the highway (which runs north and…
1Opinion of the CourtLyoN, J.
This action is founded upon tbe following provisions of tbe statutes:
“ If any damage shall happen to any person, bis team, carriage or other property, by reason of tbe insufficiency or want of repairs of any bridge or sluiceway or road, in any town in this state, tbe person sustaining such damages shall have a right to sue for and recover tbe same against such town, in any court having jurisdiction thereof.” Tay. Stats., 513, § 156; R. S., ch. 19, sec. 120.
*610“ Whenever the death of a person shall be caused by a wrongful act, neglect or default, and the act, neglect, or default is such as would…
2Cases cited2 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
3Cited by8 opinions
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
- Cunningham v. Township of ClaySupreme Court of Kansas · 1904
- Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903
- Fitzgerald v. Town of WestonWisconsin Supreme Court · 1881
- Jones v. Union CountyOregon Supreme Court · 1912
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