Durkee v. City of Kenosila
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The complaint alleges that the defend ant, the Oity of Kenosha, was, when the cause of action arose, a municipal corporation, and the defendant Paul Sauber was then the treasurer of said city; that on February 18, 1882, the defendants unlawfully seized, took, and carried away from the possession of the plaintiff certain goods and chattels of the plaintiff, therein described, of the value of $900, and on the 25th of the same…
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APPEAL from the Circuit Court for Kenosha County. The complaint alleges that the defend ant, the Oity of Kenosha, was, when the cause of action arose, a municipal corporation, and the defendant Paul Sauber was then the treasurer of said city; that on February 18, 1882, the defendants unlawfully seized, took, and carried away from the possession of the plaintiff certain goods and chattels of the plaintiff, therein described, of the value of $900, and on the 25th of the same month the defendants, the Oity of Kenosha and Sauber, “ did wrongfully, unlawfully, sell and convert said goods and…
1Opinion of the CourtLyoN, J.
The laying out and opening of streets in a city, the assessment of damages and benefits resulting therefrom, and the collection of the sums so assessed as benefits, are strictly municipal functions, ahd the officers of the city by.' whom those functions are performed thereby discharge municipal or corporate duties, as distinguished from public or governmental duties. Hence, this case is not within the rule established in Hayes v. Oshkosh, 33 Wis., 314; Schultz v. Milwaukee, 49 Wis., 254; and Little v. Madison, 49 Wis., 605, which relieves the municipality from liability for torts *125committed by…
2Cases cited9 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Schultz v. City of MilwaukeeWisconsin Supreme Court · 1880
- Little v. City of MadisonWisconsin Supreme Court · 1880
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Damkoehler v. City of MilwaukeeWisconsin Supreme Court · 1905
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.