Dorsey v. City of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action for injuries to a wagon and team, alleged to have been caused by a defective street in the defendant city. The defendant appealed from an order overruling a general demurrer to the complaint.
1Opinion of the CourtCole, C. J.
In support of the demurrer but a single point is relied on. It is said there is no allegation in the complaint that the notice in writing required by sec. 1339, R. S., was served upon the mayor or city clerk. The objection is well taken, as an examination of the complaint will show. The complaint is therefore fatally defective for want of such an averment. This court has often had occasion to decide that the giving of this written notice is made by the statute a condition precedent to the right of maintaining the action. Susenguth v. Town of Rantoul, 48 Wis., 334; Teegarden v. Town of…
2Cases cited4 opinions
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Teegarden v. Town of CaledoniaWisconsin Supreme Court · 1880
- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
3Cited by8 opinions
- Cole v. City of SeattleWashington Supreme Court · 1911
- White v. Mayor of NashvilleTennessee Supreme Court · 1915
- Geiger v. Calumet CountyWisconsin Supreme Court · 1962
- Hogan v. City of BeloitWisconsin Supreme Court · 1921
- Jones v. City of Fort WorthTexas Commission of Appeals · 1924
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