Wall v. Town of Highland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. On May 23, 1886, the plaintiff was riding on horseback along the highway in the defendant town, at an ordinary trot, and when crossing a culvert in the highway the horse stepped through a hole therein, and fell, throwing the plaintiff to the ground and injuring him.
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APPEAL from the Circuit Court for Iowa County. On May 23, 1886, the plaintiff was riding on horseback along the highway in the defendant town, at an ordinary trot, and when crossing a culvert in the highway the horse stepped through a hole therein, and fell, throwing the plaintiff to the ground and injuring him. He brings this action to recover damages therefor, and charges the insufficiency of the highway, and the negligence of the toivn in not repairing it, as grounds of his action. -In its answer to the complaint the defendant town denies that the highway was defective or insufficient, or,…
1Opinion of the CourtLyon, J.
There is ample evidence to support the verdict and judgment, and they should not be disturbed unless material error intervened on the trial. The errors alleged for reversal will be stated and considered in their order.
1. The first error assigned is that the notice to the town of the injury, required by the statute, is insufficient. The *437statute requires that such notice shall state the place where such damage occurred, describing generally the insufficiency or want of repair which occasioned it, and that satisfaction therefor is claimed of the town. R. S. sec. 1339. The notice served upon the…
2Cited by16 opinions
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- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Cole v. City of SeattleWashington Supreme Court · 1911
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