Fitzgerald v. City of Berlin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday : “ This action is to recover damages for personal injuries sustained on the evening of December 31, 1877, by reason of a defective sidewalk in the defendant city.
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APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday : “ This action is to recover damages for personal injuries sustained on the evening of December 31, 1877, by reason of a defective sidewalk in the defendant city. The defense was, in effect, that the locus m quo was the stairway to the basement of a lot-owner’s building, and his private property, which was properly guarded, and had existed in that condition for more than twenty years, and that no part of it was in the public street or sidewalk; and that the plaintiff’s negligence contributed to…
1Opinion of the CourtCassoday, J.
The following facts are not disputed: Broadway ran east and west. Along the north side of it was a continuous sidewalk, at least six or seven feet wide, passing the locus in quo in both directions. The south line of the buildings fronting on this sidewalk was some four or five feet north of the north line of such continuous sidewalk. Between the front ends of these buildings, or most of them, and such continuous line of sidewalk, there were plank walks, the surface of which corresponded substantially with the surface of such continuous walk. Such, however, was not the case at street…
2Cases cited3 opinions
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876
- Fitzgerald v. City of BerlinWisconsin Supreme Court · 1881
3Cited by8 opinions
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Slivitski v. Town of WienWisconsin Supreme Court · 1896
- Schroeder v. KlippWisconsin Supreme Court · 1904
- Rea v. City of Sioux CitySupreme Court of Iowa · 1905
- Pittenger v. Town of HamiltonWisconsin Supreme Court · 1893
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