Bell v. Town of Lessor
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oconto county: S. D. Hastings, Circuit Judge. Action to recover damages for personal injuries sustained by reason of tbe insufficiency of a public highway in tbe defendant town.
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Appeal from a judgment of tbe circuit court for Oconto county: S. D. Hastings, Circuit Judge. Action to recover damages for personal injuries sustained by reason of tbe insufficiency of a public highway in tbe defendant town. Tbe jury found (1) that there was an insufficiency or want of repair of tbe highway at the time and place'in question; (2) that such insufficiency or want of repair was a proximate cause of plaintiff’s injuries; (3) that the officers of the town knew of such insufficiency or want of repair a sufficient length of time before the injury to have enabled them by the exercise…
1Opinion of the CourtViNje, J.
1. It is claimed by the defendant that the complaint fails to state a cause of action because it does not charge *559"that tbe alleged defective condition of tbe road was tbe cause •of tbe accident or bad anything to do with it, and tbe case of Bodah v. Deer Creek, 99 Wis. 509, 75 N. W. 75, is relied upon to support tbe claim. Tbe complaint alleges in effect that a large gully or bole bad been formed in tbe traveled patb of tbe highway next to tbe north edge thereof, which .gully or bole bad been cut by tbe action of tbe water and lack •of proper drainage, and was several inches below tbe north…
2Cases cited1 opinion
- Bodah v. Town of Deer CreekWisconsin Supreme Court · 1898