Slivitski v. Town of Wien
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: Chas. Y. Bandeen, Circuit Judge. They contended, inter alia, that a town is liable only for defects in the worked and traveled part of the road. It is not bound to keep the highway in its whole width in a suitable or safe condition for travel.
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Appeal from a judgment of the circuit court for Marathon county: Chas. Y. Bandeen, Circuit Judge. They contended, inter alia, that a town is liable only for defects in the worked and traveled part of the road. It is not bound to keep the highway in its whole width in a suitable or safe condition for travel. Mathews v. Baraboo, 39 Wis. 674; Kelley v. Fond du Lae, 31 id. 186; James v. Portage, 48 id. 680; Seward v. Milford, 21 id. 489; Ireland v. 0H. d? S. P. P. Oo. 13 1ST. Y. 531; Maeomber v. Taunton, 100 Mass. 256,257; Howard v. North Bridgewater, 16 Pick. 189; Smith v. Wendell, 7 Cush. 500.…
1Opinion of the Court
Cassoday, O. J.
This action is to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the insufficiency and want of repair of a highway in the defendant town, at the southwest corner of the intersection of a north and south road with an east and west road of the town. This insufficiency and want of repair is alleged and claimed to have consisted of a sharp descent in the highway at this corner; that there was a gully in the track at that point, which made the highway unsafe and out of repair; and that the highway was obstructed at this point by logs •on…
2Cases cited11 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
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Weiss v. HolmanWisconsin Supreme Court · 1973
- Carpenter v. Town of RollingWisconsin Supreme Court · 1900
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Jenewein v. Town of IrvingWisconsin Supreme Court · 1904
- Stricker v. Town of ReedsburgWisconsin Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.