Maxwell v. Town of Wellington
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Monroe county: J. J. Eeuit, Circuit Judge. This action was brought against tbe towns of Wellington- and Glendale, in Monroe county, Wisconsin, to recover damages alleged to bave been sustained by tbe plaintiff on account of a defective highway. Tbe action is predicated upon tbe alleged negligence of tbe towns in permitting a stone to remain in tbe highway, thus rendering such highway defective and insufficient.
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Appeal from a judgment of tbe circuit court for Monroe county: J. J. Eeuit, Circuit Judge. This action was brought against tbe towns of Wellington- and Glendale, in Monroe county, Wisconsin, to recover damages alleged to bave been sustained by tbe plaintiff on account of a defective highway. Tbe action is predicated upon tbe alleged negligence of tbe towns in permitting a stone to remain in tbe highway, thus rendering such highway defective and insufficient. Upon tbe trial a motion for nonsuit was granted in favor of tbe town of Glendale, tbe evidence showing that tbe defect in tbe highway…
1Opinion of the CourtKerwin, J.
It is first insisted that the court erred in permitting the complaint to be amended and in allowing further evidence after plaintiff bad rested. In the original complaint and notice the defect and place of injury were described as upon the highway leading from Kendall to Wilton% This highway at or near the place of accident runs east and west. It was claimed that the stone constituting the defect was on the north and south town line separating the towns of Glendale and Wellington and in the highway. Both towns were therefore charged with liability and sued jointly. On the trial it appeared…
2Cases cited9 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Murphy v. MartinWisconsin Supreme Court · 1883
- Carpenter v. Town of RollingWisconsin Supreme Court · 1900
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Nash v. HoxieWisconsin Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Padden v. City of MilwaukeeWisconsin Supreme Court · 1921
- Sweetman v. City of Green BayWisconsin Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.