Legal Opinion

Kittredge v. City of Milwaukee

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 13 opinions

APPEAL from the Circuit Court for Milwaukee County. Action to recover for injuries caused by an obstruction in one of the streets of the defendant city.

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APPEAL from the Circuit Court for Milwaukee County. Action to recover for injuries caused by an obstruction in one of the streets of the defendant city. The complaint showed that the supposed obstruction consisted of a stringer some sixteen feet long, having an iron rail fastened on the top of the same, which stringer was firmly embedded in West Water street, near the crossing of Cly bourn street; that the top of the iron rail attached to the stringer was raised some five inches above the surface of the pavement of the street; that this obstruction had remained in that place, with the…

1Opinion of the CourtPaine, J.

We have no doubt that the provisions of section 120 of chapter 19 of the Revised Statutes, imposing upon towns a liability for any damages resulting from the insufficiency of highways, are applicable to the city of Milwaukee. Section 126 expressly declares that all the provisions of that chapter shall be applicable to all parts of the state, except where special provisions, inconsistent therewith, are made in respect to particular towns, counties, cities or villages. No such inconsistent provisions exist in the charter of Milwaukee. It is true that there, as in all other cities, *49a different…

2Cited by13 opinions

  1. Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
  2. Hay v. City of BarabooWisconsin Supreme Court · 1906
  3. State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
  4. VanCleve v. City of MarinetteWisconsin Supreme Court · 2003
  5. Firemen's Insurance v. Washburn CountyWisconsin Supreme Court · 1957

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