Legal Opinion

Crites v. City of New Richmond

Wisconsin Supreme Court

Decided December 10, 1897PublishedCited by 26 opinions

Appeal from, a judgment of the circuit court for St. Croix county: E. B. BdNdy, Circuit Judge. This was an action brought to recover damages which the plaintiff claims to have sustained in consequence of a personal injury received by him while traveling on a sidewalk in the defendant city, on and along the east side of Arch street, which, it was alleged, was defective, insufficient, and in want of repair, and which the defendant negligently and knowingly suffered and…

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Appeal from, a judgment of the circuit court for St. Croix county: E. B. BdNdy, Circuit Judge. This was an action brought to recover damages which the plaintiff claims to have sustained in consequence of a personal injury received by him while traveling on a sidewalk in the defendant city, on and along the east side of Arch street, which, it was alleged, was defective, insufficient, and in want of repair, and which the defendant negligently and knowingly suffered and permitted for a long time previously to be and remain in such defective and insufficient condition. The defendant alleged that…

1Opinion of the Court

PiNNey, <7.

1. The question whether the defendant city had been guilty of negligence in not repairing and keeping *60the sidewalk in question in safe and proper condition, which was the proximate cause of the plaintiff’s injury, was submitted to the jury under proper instructions, and the evidence was clearly sufficient in this respect to sustain the verdict.

The mere fact that the plaintiff had previous knowledge of the defect in the' sidewalk, and was familiar with it, and considered it dangerous, does not establish contributory negligence as a matter of law. Salzer v. Milwaukee, 97 Wis. 471;…

2Cases cited9 opinions

  1. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  2. Kaples v. OrthWisconsin Supreme Court · 1884
  3. Simonds v. City of BarabooWisconsin Supreme Court · 1896
  4. Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
  5. Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Collins v. City of JanesvilleWisconsin Supreme Court · 1901
  2. Hallum v. Village of OmroWisconsin Supreme Court · 1904
  3. City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
  4. Hommel v. Badger State Investment Co.Wisconsin Supreme Court · 1917
  5. Collins v. City of JanesvilleWisconsin Supreme Court · 1903

21 more not listed; retrieve them via the Exa API.

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