Draper v. Town of Ironton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for 8au7& County. Action to recover damages for injhries alleged to have been received by tbe minor children of tbe plaintiff in consequence of a defect in a highway of tbe defendant town, upon which the plaintiff was traveling with his children.
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APPEAL from tbe Circuit Court for 8au7& County. Action to recover damages for injhries alleged to have been received by tbe minor children of tbe plaintiff in consequence of a defect in a highway of tbe defendant town, upon which the plaintiff was traveling with his children. It appeared that the town had constructed what is called a water-brake across the traveled track of the highway where it passed down a hillside, for the purpose of turning the surface water from the highway before it reached the bottom of the hill, thus preventing the washing out of the track. This water-brake consisted…
1Opinion of the CourtLyok, J.
I. We are unable to bold, as matter of law, either that the highway, at the point where the accident happened, was insufficient, or that the plaintiff was guilty of negligence which contributed to the injuries of which he complains. These propositions of fact were properly submitted to the jury for their determination; and there is sufficient testimony preserved in the bill of exceptions to sustain findings of a jury upon them either way.
II. The only remaining question necessary to be considered, arises on the instructions. After instructing the jury that it is the duty of the town to…
2Cited by9 opinions
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903
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