Kelly v. Town Of Darlington

Wisconsin Supreme Court

Kelly v. Town Of Darlington

57 N.W. 51, 86 Wis. 432, 1893 Wisc. LEXIS 201

CourtWisconsin Supreme Court

DecidedNovember 28, 1893

StatusPublished

Cited by1 cases

This text of 57 N.W. 51 (Kelly v. Town Of Darlington) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. Town Of Darlington, 57 N.W. 51, 86 Wis. 432, 1893 Wisc. LEXIS 201 (Wis. 1893).

Pincite

Opinion

WiNslow, J.

Why this demurrer should have been interposed is not apparent. It is manifest that it was rightly overruled. It is said that the defects in the bridge are not alleged to be the proximate cause of the injury. The complaint distinctly alleges that “ by reason, entirely, of the insufficiency, want of repair, and defects aforesaid, of and in said bridge,” said team fell from the bridge. Nothing further seems necessary.

By the Court.— Order affirmed.

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WiNslow, J.

Why this demurrer should have been interposed is not apparent. It is manifest that it was rightly overruled. It is said that the defects in the bridge are not alleged to be the proximate cause of the injury. The complaint distinctly alleges that “ by reason, entirely, of the insufficiency, want of repair, and defects aforesaid, of and in said bridge,” said team fell from the bridge. Nothing further seems necessary.

By the Court.— Order affirmed.

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Bluebook (online)

57 N.W. 51, 86 Wis. 432, 1893 Wisc. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-town-of-darlington-wis-1893.

Opinion

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