Welch v. Town of Geneva
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Walworth county: EkanK M. Eish, Circuit Judge. The plaintiff was running a traction engine weighing nearly 12,000 pounds along defendants’ highway. He came to a wooden truss bridge which spanned a creek or river. He got out, and examined the bridge, and concluded it was-safe.
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Appeal from a judgment of tbe circuit court for Walworth county: EkanK M. Eish, Circuit Judge. The plaintiff was running a traction engine weighing nearly 12,000 pounds along defendants’ highway. He came to a wooden truss bridge which spanned a creek or river. He got out, and examined the bridge, and concluded it was-safe. He thereupon attempted to cross the bridge without spanning it with planks, as required by ch. 367, Laws of 1891. The bridge broke down, and plaintiff was injured. He brings, this action to recover damages for such injuries, claiming that some of the bridge timbers were…
1Opinion of the CourtBaRdeeu, J.
The sole question to be determined is, What effect has ch. 367, Laws of 1891, upon the right of plaintiff to recover for injuries sustained by reason of the insufficiency and want of repair of defendants’ bridge, under sec. 1339, Stats. 1898? The duty of towns to keep their roads and bridges in a reasonably safe'condition for public use has been discussed so many times by this court that citation of authorities is needless. The law of 1891, above referred to, provides that any person owning or propelling a steam engine upon any highway in this state shall be liable for all damages caused to…
2Cases cited3 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Wilson v. Town of GranbySupreme Court of Connecticut · 1879
- Clapp v. Town of EllingtonNew York Supreme Court · 1889
3Cited by8 opinions
- Tackett v. Taylor CountySupreme Court of Iowa · 1904
- Jones v. Union CountyOregon Supreme Court · 1912
- Walker v. Village of OntarioWisconsin Supreme Court · 1901
- Lloyd v. PughWisconsin Supreme Court · 1914
- Kotkins v. City of SeattleWashington Supreme Court · 1922
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