Hincks v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Comity Court of Milwaukee County. Action for an injury to the persons of the plaintiff and his wife from the upsetting of a carriage in which they wore riding, caused by the defective and obstructed condition of a public street in said city. The essential averments of the complaint are stated in the opinion.
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APPEAL from the Comity Court of Milwaukee County. Action for an injury to the persons of the plaintiff and his wife from the upsetting of a carriage in which they wore riding, caused by the defective and obstructed condition of a public street in said city. The essential averments of the complaint are stated in the opinion. A demurrer to the complaint as not stating a cause of action, was overruled; and defendant appealed from the order. as to the validity of secs. 1 and 2, ch. 20 of the Milwaukee charter of 1874, argued substantially as follows: Admitting, for the purposes of this argument,…
1Opinion of the CourtOole, J.
The complaint, in substance, charges that the plaintiff, while driving along Elizabeth street in the city of Milwaukee, in the evening of the 26th of October, 1877, with his wife, in a carriage, without fault or negligence on his part, was, with his wife, thrown from the carriage in which they were riding, and both injured, in consequence of the carriage being upset by a heap of gravel placed in the street. It is al*564leged that the gravel was deposited in the street by a contractor with the city, who was engaged in constructing a sewer; that the night was dark, and the gravel had been deposited…
2Cases cited1 opinion
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
3Cited by30 opinions
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- Jacobs v. MajorWisconsin Supreme Court · 1987
- Thomas Ex Rel. Gramling v. MallettWisconsin Supreme Court · 2005
- Pauly v. KeeblerWisconsin Supreme Court · 1921
- State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
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