Laird v. Town of Otsego
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Yernon county: A. W. ISTewmak, Circuit Judge. This action was for the recovery of damages against the defendant town for an injury received by the plaintiff while traveling upon and along one of its highways, alleged to be defective and insufficient by reason of the^fact that a bridge had been rebuilt by the authority of the town across the highway where it passed along and over an embankment .about fourteen feet wide and about…
Read the full summary
Appeal from a judgment of the circuit court for Yernon county: A. W. ISTewmak, Circuit Judge. This action was for the recovery of damages against the defendant town for an injury received by the plaintiff while traveling upon and along one of its highways, alleged to be defective and insufficient by reason of the^fact that a bridge had been rebuilt by the authority of the town across the highway where it passed along and over an embankment .about fourteen feet wide and about two feet high, and the rubbish, consisting of old planks, pieces of timber, and other refuse matter, had been piled…
1Opinion of the CourtPinney, J.
1. The giving of the notice required by the statute (sec. 1339, R. S.) was a condition precedent to the-right of the plaintiff to recover. Without an allegation showing that notice had been given, the complaint would have been demurrable. Sowle v. Tomah, 81 Wis. 351; Weber v. Greenfield, 74 Wis. 234, 236. Whether the notice in the *31present case ivas sufficient is not entirely free from doubt. “ One half mile east of the Tillage of Otsego in said town,’5' is not a certain and definite point. Erom what point in the Tillage would the half mile be estimated or measured? The obstruction or…
2Cases cited7 opinions
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Fopper v. Town of WheatlandWisconsin Supreme Court · 1884
- Wall v. Town of HighlandWisconsin Supreme Court · 1888
- Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
- City of La Crosse v. Town of MelroseWisconsin Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Benson v. City of MadisonWisconsin Supreme Court · 1898
- Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
- Trost v. City of CasseltonNorth Dakota Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.