Sharp v. City of Mauston
Wisconsin Supreme Court
Appeal from an order of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. Plaintiff received a personal injury by a fall on a sidewalk in the defendant city. She gave notice to the mayor of such city, pursuant to sec. 1339, E. S., of such injury, claiming that it occurred without fault on her part, by reason of the sidewalk being out of repair; and at the same time she filed with the city clerk a claim for $500, as compensation for such injuries.
Read the full summary
Appeal from an order of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. Plaintiff received a personal injury by a fall on a sidewalk in the defendant city. She gave notice to the mayor of such city, pursuant to sec. 1339, E. S., of such injury, claiming that it occurred without fault on her part, by reason of the sidewalk being out of repair; and at the same time she filed with the city clerk a claim for $500, as compensation for such injuries. The claim was investigated by a committee of the common council, who ascertained from the plaintiff that the matter could be settled…
1Opinion of the CourtMaeshall, J.
It appears to be conceded by the appellant that if, after the common council allowed respondent’s claim at $400, she accepted such action as a settlement, a binding contract was thereby made; and that if such facts appear by the complaint a good cause of action is stated. The demand in writing upon the city treasurer for the order, after the action of the council allowing the claim, before any proceedings were taken looking to a reconsideration of the matter, constituted an acceptance just as effectual as a writing in terms accepting the promise of the city to pay the sum allowed in…
2Cases cited8 opinions
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Billings v. VanderbeckNew York Supreme Court · 1857
- Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873
- Buck v. City of LockportNew York Supreme Court · 1872
- State ex rel. Van Vliet v. WilsonWisconsin Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bullock v. Yakima Valley Transportation Co.Washington Supreme Court · 1919
- Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1912
- State ex rel. Wunderlich v. KalkofenWisconsin Supreme Court · 1907
- Steed v. City of Long BeachCalifornia Court of Appeal · 1957
- Kraft v. City of MadisonWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.