Susenguth v. Town of Rautoul
| Citation | 4 N.W. 328,48 Wis. 334 |
| Parties | SUSENGUTH v. THE TOWN OF RANTOUL |
| Decision Date | 03 February 1880 |
| Court | United States State Supreme Court of Wisconsin |
Argued January 9, 1880
APPEAL from the Circuit Court for Calumet County.
Action for injuries received by plaintiff November 27, 1875, while traveling along a highway in the defendant town, and alleged to have been caused by the defective condition of the highway. After the usual allegations to show defendant's liability for the condition of the highway, the nature of the defect, and the circumstances of the accident, the complaint alleges that plaintiff was thereby greatly bruised and injured, rendered sick, lame and disabled, and wholly unfit to move or go about and attend to his business for more than seven months, and was rendered a cripple for life. The nature of plaintiff's business is then stated, and it is alleged that by reason of said injury he will always be prevented from conducting said business, or any other "requiring the use of his legs, and necessitating his traveling or moving about," to his damage $ 5,000.
"For another and further cause of action," it is alleged that at the time of the accident plaintiff was, and for a long time had been, a manufacturer of soda water, spruce and root beer, etc., and had a large and lucrative business in their manufacture and sale in certain counties named; that for the purpose of said business he owned and operated a factory in a place named; that the manufacture and preparation of said articles required great skill on his part; that "by reason of the said injury so received as hereinbefore set forth," he was wholly unable to operate said factory and was also unable to procure other persons skilled in the manufacture of said articles to operate it and supply his customers; that the factory therefore remained idle for seven months from the day of the accident, and his customers, or some of them, were supplied with said articles by other manufacturers; and that thereby plaintiff's said trade and business was greatly injured and diminished, to his damage $ 1,000.
For a third cause of action, it is alleged that, by reason of "the said injury hereinbefore set forth," plaintiff was compelled to expend large sums of money for medicines medical aid and other attendance, to his damage $ 250. Judgment is accordingly demanded for the several sums above named, etc.
Defendant demurred separately to the second and third causes of action for insufficiency of facts. The demurrers were overruled, and defendant appealed from the order.
Reversed and cause remanded.
For the appellant, there was a brief by Coleman & Spence, and oral argument by Mr. Spence.
The cause was submitted for the respondent on briefs of J. E. McMullen.
The defendant demurred separately to the second and third causes of action set forth in the complaint, on the ground that each is insufficient in law. In the second count, or paragraph the plaintiff claims damages which he alleges he has sustained in consequence of being unable personally to attend to and operate his factory for the preparation of soda water, spruce and...
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