Legal Opinion

Walker v. Village of Ontario

Wisconsin Supreme Court

Decided June 20, 1901PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Yernon county: E. W. Helms, Judge. Action to recover damages for personal injuries. Plaintiff was steersman on a tractipn engine weighing 9,500 pounds. In attempting to cross a bridge in the- defendant village, it broke down, and plaintiff was precipitated into the stream and received serious injuries. The bridge had been built some twelve or thirteen years. Its timbers were badly rotted, and the braces decayed considerably.

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Appeal from a judgment of the circuit court for Yernon county: E. W. Helms, Judge. Action to recover damages for personal injuries. Plaintiff was steersman on a tractipn engine weighing 9,500 pounds. In attempting to cross a bridge in the- defendant village, it broke down, and plaintiff was precipitated into the stream and received serious injuries. The bridge had been built some twelve or thirteen years. Its timbers were badly rotted, and the braces decayed considerably. Plaintiff was familiar with the bridge, passing over it daily, but had never noticed its defective condition. He had known…

1Opinion of the CourtBaRdeex, J.

One of the grounds urged to justify the non-suit is that plaintiff failed to comply with the requirements of ch. 197, Laws of 1899. That chapter provides, among other things, that the owner of any steam engine who propels it or causes it to be moved along or upon any culvert or bridge shall be liable for all damages (subd. 5, sec. 1) “when the person in charge of any steam engine shall neglect to span any bridge or culvert, before crossing the .same, with hardwood planks at least two inches thick and twelve inches wide, so that the engine shall rest thereon in crossing such *117bridge or…

2Cases cited2 opinions

  1. Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
  2. Welch v. Town of GenevaWisconsin Supreme Court · 1901

3Cited by10 opinions

  1. Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
  2. Tackett v. Taylor CountySupreme Court of Iowa · 1904
  3. Jones v. Union CountyOregon Supreme Court · 1912
  4. Lloyd v. PughWisconsin Supreme Court · 1914
  5. Walker v. Village of OntarioWisconsin Supreme Court · 1903

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