Sweetman v. City of Green Bay
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. This is an action to recover the damages resulting to the plaintiff through his automobile running into an open ditch on one of the highways of the defendant city of Green Bay. The intersection of Ninth street and Ridge road in the city of Green Bay is in a rural neighborhood near the city limits. Ninth street runs east and west and Ridge road north and south.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. This is an action to recover the damages resulting to the plaintiff through his automobile running into an open ditch on one of the highways of the defendant city of Green Bay. The intersection of Ninth street and Ridge road in the city of Green Bay is in a rural neighborhood near the city limits. Ninth street runs east and west and Ridge road north and south. Ridge road south of Ninth street is of the same width as north of it, but the center line of the highway south of Ninth street is about six…
1Opinion of the Court
*589Tbe following opinion was filed October 24, 1911:
SiebecKek, J.
The- appellant urges tbe reversal of tbe judgment in plaintiff’s favor upon tbe ground that there is no evidence showing any insufficiency and want of repair of tbe highway, and urges that it appears as matter of law that tbe injury to tbe plaintiff’s automobile was caused by bis contributory negligence.
Tbe evidence is undisputed that no guard, barrier, or fence bad been erected at tbe end of tbe culvert or near tbe ditch connected therewith at its west end. Tbe location of tbe culvert, tbe ditch, and tbe traveled part of tbe…
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