85 Wis. 356 | Wis. | 1893
In view of the issue presented by the pleadings, as mentioned in the foregoing statement, it is claimed that the trial court committed an error in charging the jury
In view of the undisputed evidence, we perceive no error in the charge. The chairman of the town, who saw the locus in quo just after the accident, testified to the effect that at the point in question the walk was constructed of two-inch planks laid upon three stringers; that the ends of the planks projected over the stringer, on the side to,wards the street, from two and one-half to three inches; that the dirt or ice of the street was about four inches below the under side of the planks, as they extended over the stringers ; that the board lay flat on the ground, and extended lengthwise down the sidewalk about four feet; that the south end of it extended out into the street ten inches or a
It will be observed that Minnie was crossing the street at the time she stepped upon the nail and was injured, and by reason of which she soon after lost her life. Counsel seem to think that unless the board with the nail projecting upward was attached to, and constituted a part of, the sidewalk, there could be no recovery. But it is well settled that where the defect is so near the traveled portion of the walk or street as to endanger travel thereon the town is liable. Fitzgerald v. Berlin, 64 Wis. 203; Hay v. Weber, 79 Wis. 590. We find no error in the record.
By the Court.- — -The judgment of the circuit court is affirmed.