Sheel v. City of Appleton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. This action was brought in the circuit court by husband and wife to recover damages for injuries to the wife, received by her when walking over the sidewalk of one of the public streets in the defendant city, and alleged to have been caused by a defect in such sidewalk. No questions are raised on the pleadings, and there is no exception to any ruling of the court on the admission of testimony.
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APPEAL from tbe Circuit Court for Outagamie County. This action was brought in the circuit court by husband and wife to recover damages for injuries to the wife, received by her when walking over the sidewalk of one of the public streets in the defendant city, and alleged to have been caused by a defect in such sidewalk. No questions are raised on the pleadings, and there is no exception to any ruling of the court on the admission of testimony. The evidence tends to prove the allegations of the complaint. Errors are assigned upon the charge of the court to the jury. The charge and excep-.…
1Opinion of the Court
LyoN, <T.
1. It was claimed in argument, by counsel for the defendant city, that the circuit court had no jurisdiction of the action. The claim is founded upon certain provisions contained in the charter of that city. Laws of 1876, ch. 47.
Section 25 of subch. 5 (omitting a proviso not material here) is as follows: “No action shall be maintained by'any person against the city upon any claims or demands of any kind whatsoever, whether arising from contract or otherwise, until such person shall first have presented such claim or demand to the common council for allowance.” The next section…
2Cases cited2 opinions
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Goodno v. City of OshkoshWisconsin Supreme Court · 1871
3Cited by31 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Reed v. City of MuscatineSupreme Court of Iowa · 1897
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