Legal Opinion

Folk v. City of Milwaukee

Wisconsin Supreme Court

Decided December 7, 1900PublishedCited by 37 opinions

Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action brought by the administrator of the estate of Florence Folk to recover damages for the death of said Florence, caused by the negligence of the defendant.

Read the full summary

Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action brought by the administrator of the estate of Florence Folk to recover damages for the death of said Florence, caused by the negligence of the defendant. The complaint alleged the death of Florence Folk, the intestate, on the 16th day of February, 1897, at the age of seventeen years; that she left surviving, as her sole heirs at law, ber father and mother; that the plaintiff was duly appointed administrator of her estate on the 20th of November, 1897, and has duly qualified as such; that…

1Opinion of the Court

"Winslow, J.

The question is whether a city is liable for the death of a child lawfully attending one of its public schools, when such death is caused by negligently allowing the sewer of the school building to become clogged up. We *363think this question must be answered in the negative. This, court early adopted and has consistently maintained the rule that a municipal corporation is not liable for injuries resulting from the acts or defaults of its officers where it is engaged in the performance of a merely public service, from which it derives no benefit in its corporate capacity, but which…

2Cases cited10 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Hayes v. City of OshkoshWisconsin Supreme Court · 1873
  3. Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
  4. Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
  5. Hughes v. . City of AuburnNew York Court of Appeals · 1899

5 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Daniels v. Board of EducationMichigan Supreme Court · 1916
  2. Howard v. Tacoma School District No. 10Washington Supreme Court · 1915
  3. Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
  4. Cochran v. WilsonSupreme Court of Missouri · 1921
  5. Meyer v. CarmanWisconsin Supreme Court · 1955

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API