Green v. Town of Nebagamain
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbis action was commenced April 30, 1900, to recover damages for personal injuries sustained by tbe plaintiff November 22, 1899, by reason of a defect in tbe public highway.
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Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbis action was commenced April 30, 1900, to recover damages for personal injuries sustained by tbe plaintiff November 22, 1899, by reason of a defect in tbe public highway. It appears that tbe plaintiff resided upon tbe highway in question, which ran east and west; that about one mile east from her home there was a public highway, running north' and south; that about two miles south of that corner there was a place called “Solon Springs;” that about thirty-five rods west of the point where the road so turned…
1Opinion of the CourtCassoday, C. J.
1.' It is contended that the evidence is insufficient to sustain findings of the jury Eos. 2-J and 3, to the effect that the officers of the town failed to exercise reasonable and ordinary care in discovering and remedying the defect in the bridge or culvert before the accident. There is plenty of evidence that the defect was the result of natural rot and decay. That implies long use, and the duty of inspection from time to time to repair when necessary. A failure to perform such duty is negligence on the part of those charged with the duty. In such a case the municipality cannot escape…
2Cases cited12 opinions
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- In re Will of HuntWisconsin Supreme Court · 1904
- Union Pac. R. v. ThomasCourt of Appeals for the Eighth Circuit · 1907
- Ostrowski v. MockridgeSupreme Court of Minnesota · 1954
16 more not listed; retrieve them via the Exa API.