Codner v. Town of Bradford
Wisconsin Supreme Court
ERROR to the Circuit Court for Rock County. Action on the case brought by Codner against the town of Bradford to recover damages sustained by reason of the insufficiency of a bridge in that town over a creek; he having attempted to pass over it in a careful manner, the bridge broke down and his team was precipitated into the gulf below and one of his oxen was killed and his wagon broken, etc.
Read the full summary
ERROR to the Circuit Court for Rock County. Action on the case brought by Codner against the town of Bradford to recover damages sustained by reason of the insufficiency of a bridge in that town over a creek; he having attempted to pass over it in a careful manner, the bridge broke down and his team was precipitated into the gulf below and one of his oxen was killed and his wagon broken, etc. After proving the insufficient and unsafe condition of the bridge at the time the injury occurred, and for a considerable time previous, and the occurrence of other injuries for that cause, the plaintiff…
1Opinion of the CourtKnowlton, J.
The evidence in this case clearly shows that the town of Bradford recognized the road in question as a legally constituted highway. The means provided by law to make and improve highways so as to render them safe for traveling, has been expended upon this road by the agents (the officers) of the town. Thus it proclaims to the world that this road was one of its public'highways, and it is therefore estopped from denying it to be such in an action for the recovery of damages sustained through the neglect of officers or agents of its. own appointment. If labor and taxes were expended upon a road…
2Cited by5 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
- Bystery v. Village of Sauk CityCourt of Appeals of Wisconsin · 1988
- Cronin v. Village of DelavanWisconsin Supreme Court · 1880
- Hanson v. Town of ClintonWisconsin Supreme Court · 1914
- Kernan v. City of Eau ClaireWisconsin Supreme Court · 1939