Hawes v. Town of Fox Lake
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. Tbe plaintiff, Frances A. Hawes, brought ber action against tbe Town of Fox Lake to recover for injuries sustained by falling into an excayation along a public highway.
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APPEAL from tbe Circuit Court for Columbia County. Tbe plaintiff, Frances A. Hawes, brought ber action against tbe Town of Fox Lake to recover for injuries sustained by falling into an excayation along a public highway. On tbe trial, it was proven in behalf of plaintiff, that there was no barrier or guard to protect passengers against the excavation in question at the time of the accident; that there was a ditch on the north side of the road, and that to the west 'and south it was commons and grass land ; that the narrowest point in the road between the fence on the north and the edge of the…
1Opinion of the Court
Hixoh, O. J.
The judge was guarded and particular in his instructions respecting the insufficiency of the highway, and there was nothing in that part of the charge of which the town can justly complain. The jury were informed that the deficiency or want of guards must have been at the point where the plaintiff passed from the highway limits ; and that if the highway was properly guarded there, or if there was no reason in the absence of guards to apprehend danger there to those who might be passing along the highway, or from it to go round the excavation, the town would not be liable, even…
2Cases cited3 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
3Cited by16 opinions
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- State Ex Rel. Kleczka v. ContaWisconsin Supreme Court · 1978
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Phillips v. Ritchie CountyWest Virginia Supreme Court · 1888
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