Stephani v. City of Manitowoc
Wisconsin Supreme Court
Appeal from an order of the circuit court for Manitowoc county: N. S. G-ilsoN, Circuit Judge. This is ail appeal from an order overruling a demurrer to the complaint. The complaint shows that the city of Mrnii-towoe is divided into two parts by the Manitowoc river, a navigable stream, which flows through it. The city has erected and maintains a drawbridge across that stream for the purpose of making a highway connection between the two parts of the city.
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Appeal from an order of the circuit court for Manitowoc county: N. S. G-ilsoN, Circuit Judge. This is ail appeal from an order overruling a demurrer to the complaint. The complaint shows that the city of Mrnii-towoe is divided into two parts by the Manitowoc river, a navigable stream, which flows through it. The city has erected and maintains a drawbridge across that stream for the purpose of making a highway connection between the two parts of the city. This constitutes one of the principally traveled highways of the city. The city has provided no guards or barriers to prevent people from…
1Opinion of the CourtNewmaN, J.
It is claimed that the complaint is demur-rable on two grounds: (1) That it does not state facts which show that the bridge was insufficient; and (2) that it does show affirmatively that the negligence, if any, which caused *471the death of the plaintiff’s decedent was the negligence of the bridge tender, who, being -ultimately liable, should have been joined as a defendant in the action.
No doubt it was the duty of the defendant to make its drawbridge reasonably safe and sufficient for the safe passage of travelers upon it, both by day and in the night time. It was built for a drawbridge. It was…
2Cases cited2 opinions
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Butterfield v. City of BostonMassachusetts Supreme Judicial Court · 1889
3Cited by13 opinions
- Bruhnke v. City of La CrosseWisconsin Supreme Court · 1914
- Erickson v. Village of West SalemWisconsin Supreme Court · 1931
- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
- L. & N. R. R. v. LoeschCourt of Appeals of Kentucky (pre-1976) · 1926
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