Bills v. Town of Kaukauna
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outagamie county: Johkt Goodland, Circuit Judge. This was an action to recover the damages sustained by the plaintiff for the death of his horse, and breaking and injuring his harness and wagon, while said horse and wagon were driven in the nighttime on and along an alleged defective, unsafe, and dangerous highway of the defendant town, it being alleged that the horse ran against a barbed-wire fence that had been erected upon…
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Appeal from a judgment of the circuit court for Outagamie county: Johkt Goodland, Circuit Judge. This was an action to recover the damages sustained by the plaintiff for the death of his horse, and breaking and injuring his harness and wagon, while said horse and wagon were driven in the nighttime on and along an alleged defective, unsafe, and dangerous highway of the defendant town, it being alleged that the horse ran against a barbed-wire fence that had been erected upon and across the highway, about forty feet southwest of the center of section 7 in said town. The answer denied that the…
1Opinion of the CourtPinney, J.
1. Under any reasonable construction or effect that may be given to the evidence, the defendant town was guilty of negligence, which was the proximate cause of the injury, of which the plaintiff complains. It was held in Schuenke v. Pine River, 84 Wis. 669, in substance that, where a town discontinues or alters the course of a traveled highway, it is its duty to erect and maintain suitable signals or barriers at the point of its discontinuance or divergence, to warn travelers of the fact, and that they must not proceed on the old track, but must turn upon the new road. Cartright v. Belmont,…
2Cases cited6 opinions
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- City of Milwaukee v. DavisWisconsin Supreme Court · 1858
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
- Schuenke v. Town of Pine RiverWisconsin Supreme Court · 1893
- Munson v. Town of DerbySupreme Court of Connecticut · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Firkus v. RombalskiWisconsin Supreme Court · 1964
- Mix v. City of MinneapolisSupreme Court of Minnesota · 1945
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Foss v. Town of KronenwetterCourt of Appeals of Wisconsin · 1978
11 more not listed; retrieve them via the Exa API.