Studley v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for personal injuries sustained by the plaintiff Mrs. Studley, by reason of the alleged dangerous condition of a certain sidewalk in the defendant city.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for personal injuries sustained by the plaintiff Mrs. Studley, by reason of the alleged dangerous condition of a certain sidewalk in the defendant city. After alleging that the city of Oshkosh was duly organized tinder the laws of this state, that its charter made it the duty of the city to keep the streets and sidewalks within its corporate limits safe and convenient for public travel, and that Ninth street therein is much traveled by the citizens of Oshkosh and others, the complaint contains the following…
1Opinion of the CourtLyoN, J.
It is understood that the learned circuit judge held the complaint insufficient on the ground that it contains no proper averment of notice to the city or its officers of the alleged defect in the sidewalk. The complaint was drawn with reference to the following section in the city charter:
“ The city shall not be liable to or for any damages arising or growing out of any sidewalks, streets, drains, sewers, gutters, ditches or bridges, in said city, being in a defective or dangerous condition, or out of repair, unless it be shown that, *382previous to tbe happening of the same, one of the aldermen…
2Cases cited1 opinion
- Minis v. United StatesSupreme Court of the United States · 1841
3Cited by3 opinions
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
- Oshkosh City Railway Co. v. Winnebago CountyWisconsin Supreme Court · 1895
- Adams v. City of OshkoshWisconsin Supreme Court · 1888