Brennan v. Town of Friendship
Wisconsin Supreme Court
- APPEAL from the Circuit Court for Fond, clu Lac Count}'. Action to recover damages for personal injuries alleged to have been received by the plaintiff by reason of a defective highway in the defendant town. The alleged defect was a broken plank covering a culvert across the highway.
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- APPEAL from the Circuit Court for Fond, clu Lac Count}'. Action to recover damages for personal injuries alleged to have been received by the plaintiff by reason of a defective highway in the defendant town. The alleged defect was a broken plank covering a culvert across the highway. On the trial of the cause the jury found specially that the highway at the culvert was, when plaintiff was injured, in a defective and unsafe condition for travel upon and over it; that one of the supervisors of the town and the overseer of the road district in which the culvert was situated had actual notice…
1Opinion of the CourtLyoN, J.
The testimony tended to prove, and the jury might properly have found therefrom, the following facts: The plaintiff, before the injury complained of, was familiar with the highway and sluiceway in question. Twelve days before that time he passed along the highway, at the side of the sluiceway, with one of the supervisors of the defendant town. The latter spoke of the defect therein and of repairing it, but the plaintiff did not particularly notice the nature of the defect. The plaintiff rode on horseback along the same highway, passing the sluiceway in a traveled track one side of it, in the…
2Cases cited4 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Maggi v. CuttsMassachusetts Supreme Judicial Court · 1878
- Bower v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Whitney v. Inhabitants of LeominsterMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Denman v. JohnstonMichigan Supreme Court · 1891
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
- Jones v. JonesWisconsin Supreme Court · 1888