Trebowoski v. Town of Ringle
Wisconsin Supreme Court
Appeals from an order of the circuit court for Marathon county: A. H. Reid, Circuit Judge. The appeals are from an order overruling demurrers to the complaint for insufficiency and misjoinder of defendants.
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Appeals from an order of the circuit court for Marathon county: A. H. Reid, Circuit Judge. The appeals are from an order overruling demurrers to the complaint for insufficiency and misjoinder of defendants. The allegations of the complaint were sufficient to constitute a cause of action against each and both of the defendants if there can be a joint statutory liability for a personal injury against two towns under the circumstances stated, which were to this effect: The towns of Ringle and Pike Lake adjoin, with a north and south highway crossing the boundary between- the two. At a point on…
1Opinion of the CourtMarshall, J.
True, as suggested by counsel for appellants, liability for injuries to persons or property caused by defective highways is wholly statutory. It rests in the duty, created by the written law, of every town, city, or village to keep its highways, including bridges, in a reasonably safe condition for public travel, and responsibility thus created for damages happening by reason' of failure to perform such duty. Sec. 1339, Stats. Such failure is deemed to be negligence as a matter of law and hence a wrong of tortious character. Jaquish v. Ithaca, 36 Wis. 108; Fehrman v. Pine *639River, 118 Wis. 150,…
2Cases cited3 opinions
- Jaquish v. Town of IthacaWisconsin Supreme Court · 1874
- Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903
- Clapp v. Town of EllingtonNew York Supreme Court · 1895
3Cited by3 opinions
- Johnson v. City of BillingsMontana Supreme Court · 1936
- Vizzaro v. King CountyWashington Supreme Court · 1924
- Trzebiatowski v. Town of Pike LakeWisconsin Supreme Court · 1919