Toutloff v. City of Green Bay
Wisconsin Supreme Court
Appeal from an order of the circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. The action was brought to recover damages for injuries suffered by a .fall upon a defective sidewalk-, upon one of the streets of the defendant city, in front of the lot of one Eroncee. The sidewalk was charged to have become out of repair. Eroncee was named as a codefendant in the summons and complaint, but was never served.
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Appeal from an order of the circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. The action was brought to recover damages for injuries suffered by a .fall upon a defective sidewalk-, upon one of the streets of the defendant city, in front of the lot of one Eroncee. The sidewalk was charged to have become out of repair. Eroncee was named as a codefendant in the summons and complaint, but was never served. The defendant city, by answer, alleged that Eroncee, the owner, and one Schroeder, the occupant, of the lot aforesaid, were charged with the duty of keeping the sidewalk in…
1Opinion of the CourtWinslow, J.
The question presented in this caséis whether, under the charter of the city of Green Bay, the owner of a lot in that city is liable t,o a passer-by for injuries resulting from a fall occasioned by a defective and worn-out sidewalk in front of such lot. The question is whether the lot owner is liable for mere failure to repair, not whether he is liable for active negligence in placing an obstruction or making an excavation in the street or sidewalk. Therefore, the cases which have been decided in this court, sustaining the liability of lot owners or others for injuries caused by obstructions…
2Cases cited11 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Hiner v. City of Fond du LacWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
14 more not listed; retrieve them via the Exa API.