Legal Opinion

Johnson v. City of Milwaukee

Wisconsin Supreme Court

Decided January 15, 1879PublishedCited by 9 opinions

APPEAL from the County Court of Milwaukee County. Action for injuries to the plaintiff’s person alleged to have been caused by the defective condition of a plank platform, or bridge, over tbe gutter, forming part of a cross-walk or crossing running from the Fourth ward market to the sidewalk on the west side of Second street, in the city of Milwaukee.

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APPEAL from the County Court of Milwaukee County. Action for injuries to the plaintiff’s person alleged to have been caused by the defective condition of a plank platform, or bridge, over tbe gutter, forming part of a cross-walk or crossing running from the Fourth ward market to the sidewalk on the west side of Second street, in the city of Milwaukee. The complaint alleges that said cross-walk (including said bridge or platform), as well as the streets immediately adjacent thereto, were at the time of the accident thoroughfares of a public character, and were so used, treated and recognized…

1Opinion of the CourtCole, J.

We are of the opinion that some of the instructions asked on the part of the plaintiff in this case were proper, and should have been given as requested. For instance, the first instruction, which was to the effect that if the jury should be satisfied, from the testimony, that, before and at the time of the accident, the general line and route for travelers on foot was over the place and crossing where the accident happened, and the crossing, including the place where the accident happened, was in continual use as a thoroughfare for travelers *571going back and forth, and the same-was there…

2Cited by9 opinions

  1. Luck v. City of RiponWisconsin Supreme Court · 1881
  2. Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
  3. Smith v. City of JeffersonWisconsin Supreme Court · 1959
  4. James v. City of PortageWisconsin Supreme Court · 1880
  5. Becker v. City of La CrosseWisconsin Supreme Court · 1961

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