Duncan v. City of Grand Rapids
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action for personal injuries received August 9,1901, from a fall on an alleged defective sidewalk on Baker street in Grand Eapids, claimed to have been occasioned by a hole in the sidewalk into which plaintiff stepped while passing along in broad daylight, giving no special attention to the sidewalk, but engaged in conversation.
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Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action for personal injuries received August 9,1901, from a fall on an alleged defective sidewalk on Baker street in Grand Eapids, claimed to have been occasioned by a hole in the sidewalk into which plaintiff stepped while passing along in broad daylight, giving no special attention to the sidewalk, but engaged in conversation. The defect was described in the notice to consist in that two of the pianks in the sidewall? were decayed and considerable portions thereof rotted away and bi’oken, so as to…
1Opinion of the CourtDodge, J.
This case presents several questions which have been considered and disposed of in Lyon v. Grand Rapids, ante, p. 609, 99 N. W. 311; tbe counsel being identical in both cases. It will therefore be unnecessary, as to such questions, to do more than apply tbe .decision reached in that case. Those questions are:
Eirst, tbe validity of tbe appeal, taken more than eighty "days after tbe filing of tbe claim with tbe city clerk, but before any notice of its disallowance by tbe common council bad been given to plaintiff. That objection must, upon the-authority of tbe Lyon Case, be ruled against tbe…
2Cases cited8 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Barrett v. Village of HammondWisconsin Supreme Court · 1894
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
- Barstow v. City of BerlinWisconsin Supreme Court · 1874
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3Cited by5 opinions
- Bakula v. SchwabWisconsin Supreme Court · 1918
- Hallum v. Village of OmroWisconsin Supreme Court · 1904
- Houston v. Town of WaverlySupreme Court of Alabama · 1932
- Robinson v. City of OcontoWisconsin Supreme Court · 1913
- Madison v. City of AntigoWisconsin Supreme Court · 1913