Benedict v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Action by husband and wife for injuries to tbe person of tbe wife, alleged to have been caused by a defect in a sidewalk upon a public street in tbe defendant city.
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APPEAL from tbe Circuit Court for Outagamie County. Action by husband and wife for injuries to tbe person of tbe wife, alleged to have been caused by a defect in a sidewalk upon a public street in tbe defendant city. It is alleged that, by Mrs. Benedict's falling upon said sidewalk, her left arm was fractured, aud dislocated at tbe wrist, and otherwise severely bruised and injured; that her left leg, side and shoulder were severely bruised^ and injured, and she was otherwise greatly hurt, bruised and injured, and became sick, sore and lame, and so remains; that ever since lier injury (whicli…
1Opinion of the Court
ByaN, O. J.
There are extreme cases in which the dangerous character of a highway is so great and so manifest that courts are warranted in holding it unsafe, as a matter of law. Prideaux v. Mineral Point, 43 Wis., 513. So of its sufficiency, also. McMaugh v. Milwaukee, 32 Wis., 200. But generally the sufficiency of a highway is a mere question of fact, to be determined by the jury upon evidence of its actual condition. Draper v. Ironton, 42 Wis., 696. The opinions of witnesses of its sufficiency or insufficiency, are inadmissible. Montgomery v. Scott, 34 Wis., 338; Oleson v. Tolford, 31 id.,…
2Cases cited4 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Draper v. Town of IrontonWisconsin Supreme Court · 1877
- Montgomery v. Town of ScottWisconsin Supreme Court · 1874
- McMaugh v. City of MilwaukeeWisconsin Supreme Court · 1873
3Cited by4 opinions
- Knoll v. StateWisconsin Supreme Court · 1882
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Mellor v. Town of UticaWisconsin Supreme Court · 1880