Legal Opinion

McHugh v. Town of Minocqua

Wisconsin Supreme Court

Decided February 21, 1899PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Vilas county: Ohas. V. BabdeeN, Circuit Judge. The plaintiff was injured on April 19,1895, upon a certain board walk within the limits of the unincorporated village of Minocqua. The north limit of the recorded plat of said village was a quarter-section line,' which ran at an angle of 8° 55' with the east and west street and block lines. Along the northerly side of said plat was Front street, running east and west.

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Appeal from a judgment of the circuit court for Vilas county: Ohas. V. BabdeeN, Circuit Judge. The plaintiff was injured on April 19,1895, upon a certain board walk within the limits of the unincorporated village of Minocqua. The north limit of the recorded plat of said village was a quarter-section line,' which ran at an angle of 8° 55' with the east and west street and block lines. Along the northerly side of said plat was Front street, running east and west. One of the north and south streets was Chippewa street. The point of intersection of the center lines of Chippewa street and Front…

1Opinion of the CourtDodge, J.

The errors assigned are: First, that the court erred in taking from the jury the question of the plaintiff’s contributory negligence; second, the court erred in holding, as a matter of law, that the defendant town bad notice of the defect which caused the injury; third, the court erred in holding, as a matter of law, that the accident occurred within the limits of a highway.

1. Logically, the third assignment should be considered first, as its decision in accordance with the contention of the defendant would be final of the case. A careful examination of the plat convinces us that the triangle…

2Cases cited6 opinions

  1. Luck v. City of RiponWisconsin Supreme Court · 1881
  2. Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
  3. Shaw v. President of the Sun PrairieWisconsin Supreme Court · 1889
  4. Grimm v. Town of WashburnWisconsin Supreme Court · 1898
  5. Sullivan v. City of OshkoshWisconsin Supreme Court · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Hallum v. Village of OmroWisconsin Supreme Court · 1904
  3. Laffey v. City of MilwaukeeWisconsin Supreme Court · 1958
  4. Green v. Town of NebagamainWisconsin Supreme Court · 1902
  5. Pumorlo v. City of MerrillWisconsin Supreme Court · 1905

3 more not listed; retrieve them via the Exa API.

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