Beaton v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Action for personal, injury by reason of an alleged defective and icy sidewalk.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Action for personal, injury by reason of an alleged defective and icy sidewalk. The alleged defect and the accident are alleged in the .complaint as follows: “Plaintiff fell and was greatly injured by reason of the insufficiency and want •of repair of said sidewalk; that said ’sidewalk was then and there insufficient, in this: that the same consisted of three 'boards or plank, eight inches in width, laid upon the pavement of said street, and so narrow that two persons could not pass thereon, and was…
1Opinion of the CourtNewman, J.
It is clear that the complaint does not state a cause of action. While the sidewalk described by the •complaint is not an ideal sidewalk, it cannot be said to be a dangerous one. Its condition did not make an accident, imminent to a person walking upon it. Even one board laid upon a smooth pavement may very well be tolerated during temporary repairs of a sidewalk. The city was not responsible for the slippery condition of the street unless some defective condition of the street concurred with it to produce the accident. Such conditions of sidewalks are inevitable *418in this climate. Cook v.…
2Cases cited6 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Chamberlain v. City of OshkoshWisconsin Supreme Court · 1893
- Paulson v. Town of PelicanWisconsin Supreme Court · 1891
- Hausmann v. City of MadisonWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
- City of Tulsa v. WheetleySupreme Court of Oklahoma · 1940
- Dapper v. City of MilwaukeeWisconsin Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.