McGowan v. City of Watertown
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dice, Circuit Judge. Action to recover for injury resulting from defect in highway, occurring on the night of May 13, 1905. It was alleged and established that on the 12th and 13th of May a trench was dug from the west curb of North Washington street to a point east of the center of the street to connect with the sewer therein by persons licensed to do so by the city but in the employ of private…
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Appeal from a judgment of the circuit court for Dodge county: James J. Dice, Circuit Judge. Action to recover for injury resulting from defect in highway, occurring on the night of May 13, 1905. It was alleged and established that on the 12th and 13th of May a trench was dug from the west curb of North Washington street to a point east of the center of the street to connect with the sewer therein by persons licensed to do so by the city but in the employ of private individuals. Between 9 and 10 o’clock on the evening of the 13th — a dark and stormy evening — the plaintiff was driving his…
1Opinion of the CourtDodge, J.
1. The first assignment of error is predicated upon certain remarks of the court apropos of a discussion by counsel as to the admissibility of an ordinance requiring that drain layers should guard any excavation in the streets by barriers and lighted lamps. Counsel for plaintiff summarized the provisions of the ordinance as requiring that any opening be inclosed with sufficient barriers, etc., and the court said, “that is declaratory of the common law.” Counsel for defendant: “We object to the remarks of the court.” By the court: “The whole question is for the jury to say whether they were…
2Cases cited14 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Baker v. StateWisconsin Supreme Court · 1894
- Kenworthy v. Town of IrontonWisconsin Supreme Court · 1877
- Byington v. City of MerrillWisconsin Supreme Court · 1901
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