Legal Opinion

Miner v. Town of Rolling

Wisconsin Supreme Court

Decided April 3, 1918PublishedCited by 15 opinions

Appeal from a judgment of the municipal court of Lang-lade county: T. W. HoqaN, Judge. Action to recover damages for injuries sustained by reason of an alleged defective highway. Plaintiff, her mother, her sister, Mrs. Stewart, and her three children were riding in a Ford car at the time of the accident. Mrs. Stewart drove and had with her on the front seat two of her children. The other one occupied the rear’ seat with her sister and mother.

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Appeal from a judgment of the municipal court of Lang-lade county: T. W. HoqaN, Judge. Action to recover damages for injuries sustained by reason of an alleged defective highway. Plaintiff, her mother, her sister, Mrs. Stewart, and her three children were riding in a Ford car at the time of the accident. Mrs. Stewart drove and had with her on the front seat two of her children. The other one occupied the rear’ seat with her sister and mother. They drove south from Antigo some distance, and as it was getting late they turned back to Antigo. They lighted the lights, and a short distance from…

1Opinion of the CourtViNJE, J.

Tbe contention of plaintiff that tbe highway was insufficient as a matter of law cannot be sustained. Tbe town made a fill of about four feet at tbe deepest place across a depression of thirty feet in width and provided u bard, smooth surface eleven feet four in,ches wide at its narrowest point, or of twelve feet if defendant’s .evidence is believed. Such highway tbe jury might well find sufficient in view of tbe character of tbe country through which tbe highway ran. True, it was one of tbe main traveled highways of tbe town and bad considerable travel upon it. Tbe fact that two cars could…

2Cases cited2 opinions

  1. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  2. Van de Bogart v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1906

3Cited by15 opinions

  1. Anderson v. SeelowWisconsin Supreme Court · 1937
  2. Watkins' Administrator v. City of CatlettsburgCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Rissling v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1931
  4. Branegan v. Town of VeronaWisconsin Supreme Court · 1919
  5. City of Miami v. SaundersSupreme Court of Florida · 1942

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