Sommers v. City of Marshfield
Wisconsin Supreme Court
Appeal from an order of the circuit court for Wood county: Chables M. Webb, Circuit Judge. The complaint alleges that on January 31,1893, the plaintiff fell and fractured his shoulder bone, by reason of the insufficiency and want of repair of the sidewalk along the easterly side of Spruce street in the defendant city, at the place therein designated; and, for another cause of action, that on February 22, 1893, he slipped and fell and was severely injured, by reason of the…
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Appeal from an order of the circuit court for Wood county: Chables M. Webb, Circuit Judge. The complaint alleges that on January 31,1893, the plaintiff fell and fractured his shoulder bone, by reason of the insufficiency and want of repair of the sidewalk along the easterly side of Spruce street in the defendant city, at the place therein designated; and, for another cause of action, that on February 22, 1893, he slipped and fell and was severely injured, by reason of the insufficiency and want of repair of the sidewalk along the northerly side of A street, at the point therein designated.…
1Opinion of the CourtCassoday, J.
The complaint alleges, in effect, the notice required by sec. 1339, R. S., and no question is made as to that notice. The charter provides, in effect, that no action *61shall be maintained by any person against the defendant city upon any “ claim or demand until such person first shall have presented his claim or demand to the common council for allowance, and the same shall have been disallowed in whole or in part,” and provides that a failure to act upon such claim or demand shall be deemed a disallowance. Laws of 1891, ch. 160, subch. 5, sec. 4. It is contended that the complaint is fatally…
2Cases cited6 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Bradley v. City of Eau ClaireWisconsin Supreme Court · 1882
- Cooper v. Village of WaterlooWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Houston v. StateWisconsin Supreme Court · 1898
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- City of Waco v. RobertsTexas Supreme Court · 1932
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Miller v. Village of MullanIdaho Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.