Cairncross v. Village of Pewaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Tavlob as a part of the opinion: This is an appeal from an order sustaining a demurrer to the complaint.
Read the full summary
APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Tavlob as a part of the opinion: This is an appeal from an order sustaining a demurrer to the complaint. The action is brought to recover damages from the defendant village for an alleged defect or obstruction in Main street, one of the public streets of said village, which the plaintiff alleges caused damage to his horse and wagon while he was lawfully driving the same upon and along such public street. The material allegations of the complaint are as follows: “That on or about…
1Opinion of the CourtTayloR, J.
The learned counsel for the respondent,"upon the argument in this court, insists that the demurrer was rightfully sustained upon two grounds: Burst, that the facts stated fail to show that there was any defect in the street such as would render the defendant liable for an injury resulting to a traveler therefrom; and, second, that the complaint does not sufficiently allege that notice was given to the village of the accident and the cause thereof, as required by the provision of sec. 1339, E. S.
We think the allegations of the complaint, if proved ip. their entirety, would at least present…
2Cases cited6 opinions
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Little v. City of MadisonWisconsin Supreme Court · 1877
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
- Barstow v. City of BerlinWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Loberg v. Town of AmherstWisconsin Supreme Court · 1894
- Crowley v. Clark CountyWisconsin Supreme Court · 1935
- City of Portsmouth v. LeeSupreme Court of Virginia · 1911
- Carlon v. Town of GreenfieldWisconsin Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.