Koepke v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This action is to recover damages for injuries alleged to have been caused by the insufficiency or want of repair of •a sidewalk in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This action is to recover damages for injuries alleged to have been caused by the insufficiency or want of repair of •a sidewalk in the city of Milwaukee. The accident happened on February 17, 1896. The negligence charged in the complaint is “ that said sidewalk was then and there insufficient, in this: that at the aforesaid place on Cold Spring •avenue the sidewalk had fallen about four inches below the level, and, snow and ice having carelessly and negligently been allowed to accumulate and…
1Opinion of the CourtBardeen, J.
1. The defendant challenges the sufficiency of the complaint. The allegation regarding the alleged defect in the sidewalk, set out in the statement, is quite indefinite. It would have been susceptible to a motion to make-it more definite and certain. There is enough, however, stated to bring the pleading within the line of cases mentioned in Doolittle v. Laycock, 103 Wis. 334, and Olson v. Phœnix Mfg. Co. 103 Wis. 337.
2. Plaintiff made a fair case for consideration by the jury by testifying to facts concerning which he had no knowledge. He testified to the depth of the hole where he fell, to…
2Cases cited8 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
- Beaton v. City of MilwaukeeWisconsin Supreme Court · 1897
- Bading v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Olson v. Phoenix Manufacturing Co.Wisconsin Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Walley v. PatakeWisconsin Supreme Court · 1956
- Earley v. WinnWisconsin Supreme Court · 1906
- Stippich v. City of MilwaukeeWisconsin Supreme Court · 1967
- Kawiecka v. City of SuperiorWisconsin Supreme Court · 1908
10 more not listed; retrieve them via the Exa API.