Johnson v. Town of Highland
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Iowa county: G-eoege Clementson, Circuit Judge. Reversed. Tliis action was commenced before a justice of the peace to recover damages for injuries to the plaintiff’s traction engine caused by the alleged insufficiency and want of repair of the public highway in question. Issue being joined and trial had, judgment was rendered in favor of the defendant before the justice.
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Appeal from a judgment of tbe circuit court for Iowa county: G-eoege Clementson, Circuit Judge. Reversed. Tliis action was commenced before a justice of the peace to recover damages for injuries to the plaintiff’s traction engine caused by the alleged insufficiency and want of repair of the public highway in question. Issue being joined and trial had, judgment was rendered in favor of the defendant before the justice. The plaintiff appealed to the circuit court, where the cause was retried de novo; and at the close of the trial a verdict was returned in favor of the plaintiff and his damages…
1Opinion of the CourtGassoday, C. J.
1. The propelling of steam engines upon the public highways of the respective towns in this state has for twenty years been regulated by the statutes. Ch. 175, Laws of 1885; ch. 509, Laws of 1889; ch. 367, Laws of 1891; sec. 1347b, Stats. 1898; ch. 197, Laws of 1899; ch. 424, Laws of 1903. Such statutes impliedly justify the use of such public highways and bridges by traction engines, without liability on the part of the owners, so long as they comply with the requirements of such statutes. Walker v. Ontario, 111 Wis. 113, 86 N. W. 566. In that case it was held, in effect, that the proper…
2Cases cited9 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
- Luning v. StateWisconsin Supreme Court · 1849
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
- Walker v. Village of OntarioWisconsin Supreme Court · 1901
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3Cited by3 opinions
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
- Trego v. Roosevelt Mining Co.Wisconsin Supreme Court · 1908