Hiner v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was originally brought by the plaintiff’s intestate, Bridget Cuff, together with her husband, to recover damages alleged to have been received by the said Bridget on April 11, 1879, by reason of a defective sidewalk on Rose street in the defendant city. The complaint was afterwards dismissed as to the husband, and the action proceeded in the name of the said Bridget as the sole plaintiff.
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APPEAL from the Circuit Court for Winnebago County. This action was originally brought by the plaintiff’s intestate, Bridget Cuff, together with her husband, to recover damages alleged to have been received by the said Bridget on April 11, 1879, by reason of a defective sidewalk on Rose street in the defendant city. The complaint was afterwards dismissed as to the husband, and the action proceeded in the name of the said Bridget as the sole plaintiff. It is alleged in the complaint that the sidewalk in question adjoined lots 93 and 94. The complaint also states the condition of the sidewalk…
1Opinion of the CourtLyoN, J.
This record develops at least three material errors, any one of which is necessarily fatal to the judgment. These will be stated and considered in their order.
1. At the commencement of the trial the defendant objected to the admission of any evidence under the complaint, for the reason that it does not state facts sufficient *78to constitute a cause of action. .The point of the objection was that the complaint does not ayer the giving of any sufficient notice of the injury to the city authorities. The objection was overruled. If the giving of the notice required by law is not averred in the…
2Cases cited6 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
- Amos v. City of Fond du LacWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- City of Dallas v. JonesTexas Supreme Court · 1899
- Lehmann v. FarwellWisconsin Supreme Court · 1897
- Toutloff v. City of Green BayWisconsin Supreme Court · 1895
- City of Lincoln v. JaneschNebraska Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.