81.15 Annotation
Allegedly negligent placement of arterial stop sign by city does not constitute highway defect within meaning of this section. Weiss v. Milwaukee, 79 W (2d) 213, 255 NW (2d) 496.
81.15 Annotation
Where plaintiff fell due to depression in street enclosed as temporary sidewalk, city, not indemnitor contractor, is primarily liable, since contractor did no excavation in street nor did its enclosing the street cause the defect. Webster v. Klug & Smith, 81 W (2d) 334, 260 NW (2d) 686.
81.15 Annotation
See note to 66.615, citing Hagerty v. Village of Bruce, 82 W (2d) 208, 262 NW (2d) 102.
81.15 Annotation
Failure to warn of rubble pile beyond dead end of road was not actionable under this section. Foss v. Town of Kronenwetter, 87 W (2d) 91, 273 NW (2d) 801 (Ct. App. 1978).
81.15 Annotation
See note to 893.80, citing Stanhope v. Brown County, 90 W (2d) 823, 280 NW (2d) 711 (1979).
81.15 Annotation
Recovery limitations under ss. 81.15 and 895.43 (2), 1965 stats., are constitutional. Sambs v. City of Brookfield, 97 W (2d) 356, 293 NW (2d) 504 (1980).
81.15 Annotation
Section 81.15 does not impose liability for failure to cut roadside vegetation. Estridge v. City of Eau Claire, 166 W (2d) 684, 480 NW (2d) 513 (Ct. App. 1991).
81.15 Annotation
Immunity under this section does not exist for injuries resulting from ice on a stairway connecting 2 sidewalks. Henderson v. Milwaukee County, 198 W (2d) 748, 543 NW (2d) 544 (Ct. App. 1995).
81.17
81.17
Highway defects; liability of wrongdoer; procedure. Whenever damages happen to any person or property by reason of any defect in any highway or other public ground, or from any other cause for which any town, city, village or county would be liable, and such damages are caused by, or arise from, the wrong, default or negligence thereof and of any person, or private corporation, such person or private corporation shall be primarily liable therefor; but the town, city, village or county may be sued with the person or private corporation so primarily liable. If the town, city, village or county denies its primary liability and proves upon whom such liability rests the judgment shall be against all the defendants shown by the verdict or finding to be liable for the damages; but judgment against the town, city, village or county shall not be enforceable until execution has been issued against the party found to be primarily liable and returned unsatisfied in whole or in part; on such return being made the defendant town, city, village or county shall be bound by the judgment. The unpaid balance shall be collected in the same way as other judgments.
81.17 Annotation
This section must be read in conjunction with 81.15 and applies only to highway defects. A tunnel under a street is not a highway defect. Armour v. Wis. Gas Co. 54 W (2d) 302, 195 NW (2d) 620.
81.17 Annotation
This section creates a secondary liability on a municipality or county for highway defects which cause damage only when the act or default of another tort-feasor also contributes to the creation of the defect. Dickens v. Kensmoe, 61 W (2d) 211, 212 NW (2d) 484.
81.35
81.35
Tunnel under highway by landowner. The owner of land on both sides of a town highway may construct a tunnel under the highway, and the necessary fences for the passage of stock, and other purposes, in such manner as will not interfere with or endanger travel on the highway. The tunnel shall not be less than 25 feet in length and shall be maintained by the owner. The owner shall be liable for all damages which may be occasioned by failure to keep the tunnel in repair. The electors of the town at an annual town meeting may authorize the construction of any designated tunnel not less than 16 feet in length. The chairperson of the town shall see that all tunnels in the town are made in accordance with this section and that they are kept in good repair.
81.35 History
History: 1989 a. 56,
359.
81.36
81.36
Engines upon highways; regulations; damages. 81.36(1)(1) The owner of any engine, or any person who propels or causes such an engine to be propelled or otherwise moved or used along or upon any town highway, shall be liable for all damages that may be caused thereby to such highway, or any sluiceway, culvert or bridge thereon, or to any person or corporation by reason of the propelling or otherwise moving or using the same upon any such highway in the following cases:
81.36(1)(a)
(a) When such engine with its equipments and attachments and whatever it may be moving upon the highway shall weigh more than 10 tons.
81.36(1)(b)
(b) When any such engine shall be set up or used within the limits of any highway, for any other purpose than to be propelled or otherwise moved along or upon it.
81.36(1)(c)
(c) When any such engine shall be left unattended within the limits of any highway.
81.36(1)(d)
(d) When any such engine shall be in a highway, whether standing or moving, and the person in charge shall not signal and stop it when it is approached within 15 rods in either direction by any team or any person riding or driving any animal, and desiring to pass such engine, or when the person or persons in charge of such engine shall neglect or refuse to render all proper assistance within their power to enable such team or persons to pass in safety.
81.36(1)(e)
(e) When the person in charge of any engine shall neglect to span any bridge or culvert having a plank floor before crossing the same, with hardwood planks, at least 2 inches thick and 12 inches wide, or other sound planks of like width, at least 3 inches thick, so that the engine wheels shall rest thereon in crossing such bridge or culvert.
81.36(2)
(2) The amount recovered by any town under the provisions of this section, shall, when collected, be credited to the town highway fund.
81.36(3)
(3) Any person in charge of any engine having mud lugs on the drive wheels thereof, who shall neglect to span any bridge or culvert before crossing the same with planks of the kind and in the manner as provided in
sub. (1) (e), shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $5 nor more than $25, or by imprisonment in the county jail not exceeding 20 days.
81.38
81.38
Town bridges or culverts; construction and repair; county aid. 81.38(1)(1) When any town has voted to construct or repair any culvert or bridge on a highway maintainable by the town, and has provided for such portion of the cost of such construction or repair as is required by this section, the town board shall file a petition with the county board setting forth said facts and the location of the culvert or bridge; and the county board, except as herein provided, shall thereupon appropriate such sum as will, with the money provided by the town, be sufficient to defray the expense of constructing or repairing such culvert or bridge, and shall levy a tax therefor, which tax when collected shall be disbursed on the order of the chairperson of the county board and the county clerk, when the town board and county highway committee files a written notice with the clerk that the work has been completed and accepted. The county board of any county which has never granted aid under this section may in its discretion refuse to make any appropriation.
81.38(2)
(2) The county shall pay the cost in excess of $750 up to $1,500. The town and county shall each pay one-half of the cost of construction or repair above $1,500. In determining the cost of construction or repair of any culvert or bridge, the cost of constructing or repairing any approach not exceeding 100 feet in length shall be included.
81.38(3)
(3) Whenever the construction or repair of any such culvert or bridge must be made without delay, the town board may file its petition with the county clerk and the county highway committee, setting forth the facts respecting the necessity for immediate construction or repairs. It shall then be the duty of the town board and the county highway committee to make such construction or repairs with the least possible delay. The town board is authorized to borrow the entire cost of the work, and to include the town's share of such cost in the next tax levy. The construction or repair of a culvert or bridge performed and accepted pursuant to this subsection shall entitle the town to the same county aid that the town would have been entitled to had it filed its petition with the county board as provided in
sub. (1).
81.38(4)
(4) The county highway committee and the town board shall have full charge of letting, inspecting and accepting the work, but the town board may leave the matter entirely in the hands of the county highway committee.
81.38(5)
(5) No county order may be drawn under
sub. (1) for the construction of an arch, culvert or bridge unless it is constructed in a workmanlike manner and built of creosoted wood or timber, steel, stone or concrete or a combination thereof, and the design and construction comply with requirements under
s. 84.01 (23).
81.38(6)
(6) Any village, by a resolution adopted by a two-thirds majority vote of all members of the village board, may elect to become subject to all of the provisions of this section. Such election shall be effective when a certified copy of such resolution is filed with the county board and approved by a majority vote of the members of the county board representing towns and representing villages which have become subject to the provisions of this section as provided in this subsection; and thereafter, until such village ceases to be subject to the provisions of this section, the words "town" and "town board" as used in this section shall also apply respectively to such village and its village board. A village which has become subject to the provisions of this section as provided in this subsection may cease to be subject to such provisions only by the adoption of a resolution and its approval by the county board in the same manner and by the same procedure by which a village may become subject to such provisions as provided in this subsection.
81.38(7)
(7) Except as provided in
sub. (6) and
s. 84.14 (3), nothing herein contained shall authorize the levy of a tax upon the property in any city or village which is required to maintain its own bridges.
81.39
81.39
Special town tax for repair of bridges. The town board may levy a tax for the purpose of rebuilding or repairing bridges and culverts which the town is required to maintain and which do not come within
s. 81.38. But no such tax shall exceed $300 for any bridge or culvert, and not more than one such tax shall be levied in any year.
81.42
81.42
Dams used for bridges. 81.42(1)
(1) The town board may contract with the owner of any dam with a roadway thereon for the use of such roadway for highway purposes for such period of time as the board may determine. The contract shall provide that the roadway shall at all times be kept in repair by the owner.
81.42(2)
(2) Whenever any town board shall file its petition with the county board, setting forth the fact that said town board has voted to acquire the right to use any such roadway, designating as near as may be the location of such dam and roadway, and stating the amount agreed to be paid to the owner for the use thereof, the county board shall appropriate a sum equal to one-half the amount so agreed to be paid for such use, and shall cause such sum to be paid to the treasurer of said town on the order of the chairperson of the county board and county clerk whenever the town board shall notify them that a contract for the use of such roadway has been executed.
81.42 History
History: 1983 a. 192 s.
303 (2).
