Foshay v. Town of Glen Haven
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Section 120, ch. 19, R. S., provides- that “if any damage shall happen to any person, his team, carriage, or other property, by reason of the insufficiency or want of repairs of any bridge, or sluice-way, or road, in any town in this state, the person sustaining such damages shall have a right to sue for and recover the same against such town in any court having jurisdiction thereof.”
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APPEAL from the Circuit Court for Grant County. Section 120, ch. 19, R. S., provides- that “if any damage shall happen to any person, his team, carriage, or other property, by reason of the insufficiency or want of repairs of any bridge, or sluice-way, or road, in any town in this state, the person sustaining such damages shall have a right to sue for and recover the same against such town in any court having jurisdiction thereof.” The complaint in this action alleges, in substance, that, on, etc., plaintiff’s horses, attached to a carriage in which he was riding along a highway in the…
1Opinion of the Court
' Paihe, J.
There is one error, for which this judgment must be reversed. It is in the following instruction given to the jury : “ That an object existing within the limits of the highway, but leaving the traveled path unobstructed, so that the traveler is safe from collision with it, is not an insufficiency in the way, merely because it exposes the traveler’s horse to become frightened at *290the sight of it, and the town in such case would not be liable.” We adopt upon this subject the rule established by the supreme 'courts of Vermont, New Hampshire and Connecticut, that objects within the…
2Cited by29 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Town of Rushville v. AdamsIndiana Supreme Court · 1886
- Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
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