Boltz v. Town of Sullivan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: John E. Benkett, Circuit Judge. Action to recover compensation for personal injuries.
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Appeal from a judgment of the circuit court for Jefferson county: John E. Benkett, Circuit Judge. Action to recover compensation for personal injuries. The evidence, following the allegations of the complaint, showed that plaintiff while traveling on a road in the daytime, in a roadcart drawn by one horse driven by her son, was thrown from the seat upon the dashboard and the left wheel, and seriously injured, by reason of the right wheel of the road-cart striking a small stump that was concealed in the weeds a short distance outside of the right-hand wheel track. The road was an ordinary…
1Opinion of the CourtMarshall, J.
The jury was instructed in substance that, if the town officers knew, or by the exercise of ordinary diligence might have known, that the stump existed so near the traveled track as to render the highway dangerously defective for the use of travelers in the exercise of ordinary care, and plaintiff in the exercise of ordinary care drove against it and was injured, the town is liable. That appears to be faultless, hut appellant’s counsel complains of it, because it ignored the character of the defect and the length -of time it may have existed, relying upon some language used in the opinion in…
2Cases cited28 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Fraser v. JennisonMichigan Supreme Court · 1879
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Glendenning Motorways, Inc. v. AndersonCourt of Appeals for the Eighth Circuit · 1954
- Gallagher v. Town of BuckleyWashington Supreme Court · 1903
- Foss v. Town of KronenwetterCourt of Appeals of Wisconsin · 1978
- Coppins v. Town of JeffersonWisconsin Supreme Court · 1906
12 more not listed; retrieve them via the Exa API.