Welsh v. Town of Argyle
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The complaint alleges, in effect, that the plaintiffs were at the times therein stated copartners engaged in a general livery business; that February 25,1891, there was a public highway in the defendant town, therein described; that at the date named said highway was greatly and wholly insufficient, defective, and out of repair in many respects, especially in that there was a natural stream of water which ran along in and…
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APPEAL from the Circuit Court for La Fayette County. The complaint alleges, in effect, that the plaintiffs were at the times therein stated copartners engaged in a general livery business; that February 25,1891, there was a public highway in the defendant town, therein described; that at the date named said highway was greatly and wholly insufficient, defective, and out of repair in many respects, especially in that there was a natural stream of water which ran along in and on the west edge of said highway at the place described for the distance of about eighteen rods next south of the point…
1Opinion of the CourtCassoday, J.
It does not appear that Eisher, who hired the team of the plaintiffs and was driving the same at the time of the accident, is a proper, much less a necessary, party to this action to recover damage to the property of the plaintiffs. Nor does it appear affirmatively from the complaint that he was guilty of contributory negligence. It is to be remembered that such negligence, when not disclosed by the complaint or testimony on the part of the plaintiff, is purely a matter of defense. Hath v. Peters, 55 Wis. 405; Hoye v. C. & N. W. R. Co. 67 Wis: 15; Gill v. Homrighausen, 79 Wis. 634.
It is, .in…
2Cases cited7 opinions
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Hoth v. PetersWisconsin Supreme Court · 1882
- Wentworth v. Town of SummitWisconsin Supreme Court · 1884
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Wiltse v. Town on TildenWisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Nicolai v. DavisWisconsin Supreme Court · 1895
- Pfeiffer v. RadkeWisconsin Supreme Court · 1910