Wisconsin Supreme Court, 1893

Kelly v. Town Of Darlington

Kelly v. Town Of Darlington
Wisconsin Supreme Court · Decided November 28, 1893 · Winslow
86 Wis. 432; 57 N.W. 51; 1893 Wisc. LEXIS 201

Kelly v. Town Of Darlington

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.