Cartright v. Town of Belmont
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. This is an action to recover damages for personal injuries alleged to have been caused by a defective highway in the defendant town. At the place where the injuries complained of were inflicted, and for some distance in either direction, the highway in question had been cleared nearly or quite the whole width thereof.
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APPEAL from the Circuit Court for Waupaca County. This is an action to recover damages for personal injuries alleged to have been caused by a defective highway in the defendant town. At the place where the injuries complained of were inflicted, and for some distance in either direction, the highway in question had been cleared nearly or quite the whole width thereof. Through the center of this cleared strip a track had been graded twenty-five or thirty feet in width, and was made suitable and safe for travel. This had all been done by the defendant town two or three years before the accident,…
1Opinion of the CourtLyoN, J.
The jury found specially that the side track upon which the plaintiff was traveling when' she was injured had been generally used by the public for travel since 1877, and the same was, at the time of the accident, usually go used. These findings were directed by the court on the ground that there was no conflict in the testimony on those points. The question was submitted to the jury whether the stump, which was the cause of the accident, was so near the side track as to form an obstruction to travel thereon, and the jury answered it in the affirmative. These .are the only findings from which…
2Cases cited10 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Klatt v. City of MilwaukeeWisconsin Supreme Court · 1881
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876
- Jackman Will CaseWisconsin Supreme Court · 1871
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