Schuenke v. Town of Pine River
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. A public highway between the cities of Merrill and Wau-sau, which has been used as such for thirty years, extends through the town of Pine River, the defendant. This action was brought by plaintiff against such town to recover damages for injuries to his person and property, which he alleges were caused by a defect in and the insufficiency of a portion of such highway therein.
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APPEAL from the Circuit Court for Lincoln County. A public highway between the cities of Merrill and Wau-sau, which has been used as such for thirty years, extends through the town of Pine River, the defendant. This action was brought by plaintiff against such town to recover damages for injuries to his person and property, which he alleges were caused by a defect in and the insufficiency of a portion of such highway therein. The highway in question is on the east side of Wisconsin river. It extends from Merrill in a southeast direction, and crosses Pine river in defendant town about five…
1Opinion of the CourtLyoN, C. J.
The jury assessed very moderate damages.. Probably a much larger assessment might be made without. passing the limits of reasonable damages. Should the judgment be reversed on grounds not absolutely fatal to the maintenance of the action, and should another trial result. in a verdict for plaintiff, all reasonable probabilities are-that the assessment of damages would be largely increased, for such is usually or very frequently the result of new/ trials in actions of this character, unless the judgment has ■ been reversed for excessive damages. But the defendant town, believing, doubtless,…
2Cited by8 opinions
- Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
- Hebbe v. Town of Maple CreekWisconsin Supreme Court · 1904
- Higman v. Quindaro TownshipSupreme Court of Kansas · 1913
- Fritz v. City of WatertownSouth Dakota Supreme Court · 1907
- Breedon v. WhiteArizona Supreme Court · 1945
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