Byington v. City of Merrill
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Lincoln county: W. C. Silverthorn, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by the insufficient condition of a sidewalk.
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Appeal from, a judgment of the circuit court for Lincoln county: W. C. Silverthorn, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by the insufficient condition of a sidewalk. It was alleged in the complaint that the sidewalk where the accident occurred was out of repair, insufficient, and dangerous in that in the center thereof there was a slippery, uneven ridge of snow about twelve inches wide and four inches high at the center and sloping to the sides. The injury was said by plaintiff to have occurred in this way: As she was walking in the…
1Opinion of the CourtMarshall, J.
Does the complaint state a cause of action ? That is the first question presented for decision. It is contended that this court held in effect, in Rhyner v. Menasha, 107 Wis. 201, that an allegation that a public sidewalk is out of repair and is in a defective, insufficient, and dangerous condition, does not state facts showing that municipal duty as to the safety of the walk for public use has not been performed ; that a pleading or special verdict, in order to show a breach of such duty, should state expressly that the sidewalk was so insufficient as not to be reasonably safe for public…
2Cases cited20 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Gutzman v. ClancyWisconsin Supreme Court · 1902
- Morrison v. LeeNorth Dakota Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.