Town of Menasha v. The Steam Tug Portage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Acjúon for injuries to a bridge, "brought against the defendant vessel under ch. 184, Laws of 1869. Judgment of nonsuit; from which the plaintiff town appealed. The case is stated in the opinion.
1Opinion of the CourtCole, J.
The question in this case is, whether the Town of Menasha yfas the proper party to bring the action for an injury to the bridge, or whether it should have been brought in the name of the president and trustees of the village of Menasha. The bridge is within the corporate limits of the village; was rebuilt by the town in 1867, under the authority of the supervisors, at the expense of the town; and has always been maintained by the town as a bridge on one of the highways therein. The circuit court held that the action could not be maintained by the town, but should have been brought in the name…
2Cited by1 opinion
- Potter v. President of MenashaWisconsin Supreme Court · 1872