West v. City of Eau Claire
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county: W. E. Baxley, Circuit Judge. This is an action for the recovery of damages caused by a defective sidewalk. The plaintiff was injured, on January 31, 1891, upon one of the sidewalks of the defendant. A ridge of snow and ice, made by the travel along the walk, had been allowed to form and remain.
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Appeal from a judgment of tbe circuit court for Eau Claire county: W. E. Baxley, Circuit Judge. This is an action for the recovery of damages caused by a defective sidewalk. The plaintiff was injured, on January 31, 1891, upon one of the sidewalks of the defendant. A ridge of snow and ice, made by the travel along the walk, had been allowed to form and remain. Plaintiff slipped from the ridge, and her foot went through a hole in the plank of the sidewalk and was caught, and her limb -was broken. A claim for damages was filed with the city clerk, for the action of the common council. The…
1Opinion of the CourtNewiiaN, J.
The question is whether the undertaking is. ■ a substantial compliance with the provisions of the charter.*34providing for the security to be given to perfect an appeal in such cases. No doubt the statute must be strictly complied with in all matters of substance, or there is no appeal. The object of the provision for security is to provide indemnity to the city against loss of its costs in case it prevails upon the appeal. The security seems to be of no substantial value for any other purpose. This is the only purpose mentioned in Drinkwine v. Eau Claire, 83 Wis. 428. In that case the bond…
2Cases cited3 opinions
- Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
- Koch v. City of AshlandWisconsin Supreme Court · 1894
- Wilson v. MorrellWashington Supreme Court · 1893
3Cited by12 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
- Hodgson v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1925
- Merchants Ice & Gold Storage Co. BargholtCourt of Appeals of Kentucky · 1908
- Davey v. City of JanesvilleWisconsin Supreme Court · 1901
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