Hunt v. Town of Winfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action for injuries caused by a defective highway. The main facts will appear from the opinion. The alleged defect in the highway consisted of “ a large rock or stone ” suffered to remain “ in and near the main traveled track,” and against which one of the runners of plaintiff’s sleigh struck,, causing the injuries complained of.
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APPEAL from the Circuit Court for Sauk County. Action for injuries caused by a defective highway. The main facts will appear from the opinion. The alleged defect in the highway consisted of “ a large rock or stone ” suffered to remain “ in and near the main traveled track,” and against which one of the runners of plaintiff’s sleigh struck,, causing the injuries complained of. The circuit court instructed the jury, that they must first determine whether the highway was “ defective or in want of repair by reason of the stone in question being situated as it was in the highway; ” and that, “if…
1Opinion of the CourtCole, J.
This action was originally brought in a justice’s court to recover damages for an injury sustained by the plaintiff by an alleged defective .highway. He was riding at the time of the accident with his wife, and both were thrown out of the sleigh and injured. On appeal to the circuit court, the plaintiff asked and obtained leave, against the defendant’s objection, to amend his complaint, and claim as a portion of his damages the loss of the services of his wife caused by her injury, together with such expenses as he had incurred for care -and medical aid, which he had been compelled to pay in…
2Cases cited1 opinion
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
3Cited by6 opinions
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- Schwartz v. City of MilwaukeeWisconsin Supreme Court · 1972
- Roberts v. City of DetroitMichigan Supreme Court · 1894
- Green v. Town of NebagamainWisconsin Supreme Court · 1902
- Larisa v. TiffanySupreme Court of Rhode Island · 1919
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