Henker v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The action was brought in the circuit court for Pond du Lac county to recover damages for personal injuries alleged to have been sustained by reason of a defective sidewalk in the defendant city. The answer set up two separate defenses. The substance of the first is stated in the opinion. The second consisted of a general denial. A general demurrer to the first defense was sustained.
Read the full summary
APPEAL from the Circuit Court for Washington County. The action was brought in the circuit court for Pond du Lac county to recover damages for personal injuries alleged to have been sustained by reason of a defective sidewalk in the defendant city. The answer set up two separate defenses. The substance of the first is stated in the opinion. The second consisted of a general denial. A general demurrer to the first defense was sustained. Thereafter the venue was changed to Washington county, and a trial was there had upon the issue made by the general denial. An objection to the admission of…
1Opinion of the CourtCorns, C. J.
The plaintiff, in September, 1884, was injured through a defect in the sidewalk in the city of Fond du Lac. In the notice which he filed.with the city clerk he stated that this injury was sustained by him on the west side of Lincoln street, from a defective side-walk in front of property owned by Ernst Haentze, fully describing the property. In its answer the city set up as a defense and relied upon the provisions of its charter, which made it the duty of the lot-owner to keep the walk in front of his lot in a safe condition, and made such owner liable for all damages resulting to any person…
2Cases cited2 opinions
- Noonan v. City of StillwaterSupreme Court of Minnesota · 1885
- Raymond v. City of SheboyganWisconsin Supreme Court · 1887
3Cited by3 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Gordon v. SullivanWisconsin Supreme Court · 1903