Legal Opinion

Hopkins v. Town of Rush River

Wisconsin Supreme Court

Decided November 1, 1887PublishedCited by 11 opinions

APPEAL from the Circuit Court for St. Croix County. This is an action brought to recover damages for injuries alleged to have been received March 27,1880, by the plaintiff to his person and property, by reason of a defective highway in the defendant town, upon which he was traveling.

Read the full summary

APPEAL from the Circuit Court for St. Croix County. This is an action brought to recover damages for injuries alleged to have been received March 27,1880, by the plaintiff to his person and property, by reason of a defective highway in the defendant town, upon which he was traveling. There was a special verdict by which the plaintiff’s damages were assessed at $1,021.65. A motion for a new trial was denied, and judgment for the plaintiff for the above amount and costs was rendered by the court. The case is further stated in the opinion. The defendant appeals from such judgment.

1Opinion of the Court

The following opinion was filed November 1, 1881:

LyoN, J.

The highway in question crossed Rush river in the defendant town. Formerly there was a bridge across the river at the point of crossing, but it had been removed some years before the accident and not rebuilt. The highway going west passed down a somewhat precipitous bank a few feet high, on the east side of the river, and from the bed of the river west the ground gradually ascended. The bottom of the river consisted of hard 'gravel, but something of a rut or hole had been worn therein by passing teams and vehicles. Ordinarily there was…

2Cases cited1 opinion

  1. Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881

3Cited by11 opinions

  1. Small v. ChampenyWisconsin Supreme Court · 1899
  2. Jung v. City of Stevens PointWisconsin Supreme Court · 1889
  3. Geuder, Paeschke & Frey Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
  4. Schrunk v. Town of St. JosephWisconsin Supreme Court · 1904
  5. Wiltse v. Town on TildenWisconsin Supreme Court · 1890

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API