Uecker v. Town of Clyman
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. This action is brought to recover damages alleged to have been sustained by reason of the plaintiff’s horses having been injured on a defective highway. The defect complained of was that the defendant town had negligently permitted a certain highway to he blocked with an accumulation of snow for a period of two weeks or more, in violation of the provisions of see. 1249, Stats.
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Appeal from an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. This action is brought to recover damages alleged to have been sustained by reason of the plaintiff’s horses having been injured on a defective highway. The defect complained of was that the defendant town had negligently permitted a certain highway to he blocked with an accumulation of snow for a period of two weeks or more, in violation of the provisions of see. 1249, Stats. (1898). A general demurrer was interposed to the complaint as not stating cause of action, which demurrer was sustained by the…
1Opinion of the CourtBARkes, J.
ISTo right of action existed at common law against municipalities for injuries sustained by reason of a defective highway, and the only provision of our statutes creating a liability, out of which a cause of action might arise on account of a defect in a highway, is sec. 1339, Stats. (1898). Stilling v. Thorp, 54 Wis. 528, 11 N. W. 906; Daniels v. Racine, 98 Wis. 649, 74 N. W. 553; Morrison v. Eau Glaire, 115 Wis. 538, 92 N. W. 280.
Under sec. 1339, Stats. (1898), as amended by ch. 305, Jjaws of 1899, no action is maintainable on account of injuries sustained by reason of an. accumulation of…
2Cases cited5 opinions
- Stilling v. Town of ThorpWisconsin Supreme Court · 1882
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
- Vass v. Town of WaukeshaWisconsin Supreme Court · 1895
- McCabe v. Town of HammondWisconsin Supreme Court · 1874
3Cited by3 opinions
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Town of Marion v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1926
- Town of New Holstein v. Industrial CommissionWisconsin Supreme Court · 1926