Petrich v. Town of Union
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: J. J. Ehuit, Judge. This is an action to recover for personal injuries received upon an alleged defective highway in the defendant town. The plaintiff is a married woman, about thirty-six years of age, and upon the evening of August 4, 1900, at about 9 o’clock, was riding over the highway in question with -her husband in a double spring wagon, the horses being driven by her husband.
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Appeal from a judgment of the circuit court for Waupaca county: J. J. Ehuit, Judge. This is an action to recover for personal injuries received upon an alleged defective highway in the defendant town. The plaintiff is a married woman, about thirty-six years of age, and upon the evening of August 4, 1900, at about 9 o’clock, was riding over the highway in question with -her husband in a double spring wagon, the horses being driven by her husband. She was holding a baby in her lap, and she testifies that the right-hand wheels of the wagon dropped suddenly into a ditch or gully in the traveled…
1Opinion of the CourtWiNsnow, J.
It appears by her own admissions that tbe plaintiff knew of tbe alleged defect in tbe highway by reason of having ridden over-the road several times prior to tbe accident, one of which occasions was but a few hours before her fall. Upon this ground tbe defendant claims that she was guilty of contributory negligence as a matter of law, and that a verdict for tbe defendant should have been directed. While the case is certainly one that approaches close to tbe border line, we are unable to agree with tbe contention. Tbe subject has been recently quite fully reviewed in tbe case of Collins v.…
2Cases cited2 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
3Cited by8 opinions
- Hedger v. StateWisconsin Supreme Court · 1911
- Murphy v. Herold Co.Wisconsin Supreme Court · 1909
- Wolf v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Zoellner v. City of Fond du LacWisconsin Supreme Court · 1911
- Butler v. City of ConroeCourt of Appeals of Texas · 1920
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