Luedke v. Town of Mukwa
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca '■county: Chaeles M. Webb, Circuit Judge. Action for personal injury caused by a defective highway. The road was of corduroy. Some of the logs were worn .and rotted out so as to make deep holes. It had become so gradually, and remained so for a long time. The holes were not caused by washout. They were caused by wear and rot. The road was across marshy, level ground.
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Appeal from a judgment of the circuit court for Waupaca '■county: Chaeles M. Webb, Circuit Judge. Action for personal injury caused by a defective highway. The road was of corduroy. Some of the logs were worn .and rotted out so as to make deep holes. It had become so gradually, and remained so for a long time. The holes were not caused by washout. They were caused by wear and rot. The road was across marshy, level ground. At the time of the accident it was covered with water from a heavy rain, so that the holes were not obvious. The plaintiff is seventy years old. She was riding in a democrat…
1Opinion of the CourtNewman, J.
The testimony is abundant to sustain the finding that the highway was defective. There was much «evidence tending to show that there were deep, sharp holes *59between logs, caused by tbe -wearing out or rotting of tbe logs of wbicb tbe road was made. That these boles bad been there long enough for vigilant officers to discover their existence and to remedy them, is made clear by tbe fact that they were not produced by recent casualty but by tbe slow process of tbe wearing out and rotting of tbe logs.
It was, too, a fair question for tbe jury whether there was contributory negligence. It was not,…
2Cited by10 opinions
- Puffer v. WelchWisconsin Supreme Court · 1911
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- Clough v. CookCourt of Chancery of Delaware · 1913
- Keller v. City of Port WashingtonWisconsin Supreme Court · 1929
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