Legal Opinion

Weber v. Town of Greenfield

Wisconsin Supreme Court

Decided April 25, 1889PublishedCited by 16 opinions

APPEAL from the Superior Court of Milwavdt.ee County. Action to recover damages for injuries to the person of the plaintiff alleged to have been caused by a defective highway. The facts will sufficiently appear from the opinion.

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APPEAL from the Superior Court of Milwavdt.ee County. Action to recover damages for injuries to the person of the plaintiff alleged to have been caused by a defective highway. The facts will sufficiently appear from the opinion. The accident occurred on the 20th of October, 1886. In a special verdict the jury found, among other things, that gravel had been placed upon the highway in J une and in October, 1886; that it was put there about 290 feet east of the point where the section line crossed the road, and extended eastward about 104 feet; and that the plaintiff was injured about 394 feet…

1Opinion of the CourtCole, C. J.

On the motion for a nonsuit and in various ways on the trial the defendant town raised the - question that the notice given as to the defect in the highway and the place where the injury occurred was insufficient and 'did not state the place as proven by the evidence on the part of the plaintiff. It is undeniable that the notice stated a different place as the point where the injury occurred from the one proven. The notice described the place and nature of the defect as being at a point in the highway at about where the section line between sections 17 and. 18, in the town of Greenfield,,…

2Cases cited7 opinions

  1. Wentworth v. Town of SummitWisconsin Supreme Court · 1884
  2. Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
  3. Plum v. City of Fond du LacWisconsin Supreme Court · 1881
  4. White v. Town of StoweSupreme Court of Vermont · 1881
  5. Fopper v. Town of WheatlandWisconsin Supreme Court · 1884

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

3Cited by16 opinions

  1. Boring v. OttWisconsin Supreme Court · 1909
  2. Benson v. City of MadisonWisconsin Supreme Court · 1898
  3. Cole v. City of SeattleWashington Supreme Court · 1911
  4. Hogan v. City of BeloitWisconsin Supreme Court · 1921
  5. Sowle v. City of TomahWisconsin Supreme Court · 1892

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

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