Kortendick v. Town of Waterford
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: E. B. Beldew,. Circuit Judge. Action to recover for the value of a horse, the death of which is alleged to have been caused by insufficiency of a highway in defendant town. The complaint contained all allegations essential to a recovery.
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Appeal from a judgment of the circuit court for Racine county: E. B. Beldew,. Circuit Judge. Action to recover for the value of a horse, the death of which is alleged to have been caused by insufficiency of a highway in defendant town. The complaint contained all allegations essential to a recovery. The answer put in issue all such allegations except those relating to the corporate existence of the defendant and the existence of the highway, and raised the question of contributory negligence on the part of plaintiff. At the close of the evidence on the part of the plaintiff the court on…
1Opinion of the CourtMaeshall, J.
From the attitude of respondent’s counsel upon this appeal we apprehend the nonsuit was granted for some, or all, of these reasons: (1) There was no credible evidence of the defect in the highway which caused the alleged injury to the horse having existed a sufficient length of time before such injury to enable the town officers by the exercise of ordinary care to discover and remedy it; (2) there was no credible evidence that such officers knew, or in the exercise of ordinary care ought to have known, of the defect; (3) there *79is no credible evidence that the death o'f the horse was caused by…
2Cases cited2 opinions
- Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
- Gower v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1878
3Cited by7 opinions
- Thoe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Boyce v. Independent Cleaners, Inc.Wisconsin Supreme Court · 1932
- Mahar v. Montello Granite Co.Wisconsin Supreme Court · 1911
- Reiland v. Wisconsin Valley Electric Co.Wisconsin Supreme Court · 1930
- Herlitzke v. La Crosse Inter-Urban Telephone Co.Wisconsin Supreme Court · 1911
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