Cremer v. Town of Portland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. This action was brought by the plaintiff’s intestate in his life-time, to recover damages to his person alleged to have been sustained by him by reason of the insufficiency of a certain highway in the defendant town. The jury found for the plaintiff. A motion for a new trial was denied, and judgment was entered on the verdict.
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APPEAL from the Circuit Court for Monroe County. This action was brought by the plaintiff’s intestate in his life-time, to recover damages to his person alleged to have been sustained by him by reason of the insufficiency of a certain highway in the defendant town. The jury found for the plaintiff. A motion for a new trial was denied, and judgment was entered on the verdict. The pleadings, testimony, instructions and other proceedings on the trial, are sufficiently stated in the opinion. The defendant appealed. 1. The complaint states no cause of action. It does not state whether the stump…
1Opinion of the CourtLyon, J.
I. The defendant objected on the trial to the admission of any testimony under the complaint, for the alleged reason that the complaint fails to state facts sufficient to constitute a cause of action. We learn from the argument that this objection has reference to that portion of the complaint which attempts to set out the insufficiency of the highway where the plaintiff’s intestate (the original plaintiff) was injured. The averment in the complaint is, that “ there was a large stump in or near the middle of the main traveled track of said road,” against which the plaintiff’s wagon struck,…
2Cases cited3 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
3Cited by24 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Conway v. RobinsonSupreme Court of Alabama · 1927
- Hoth v. PetersWisconsin Supreme Court · 1882
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