Schroth v. City of Prescott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pieree County. Action to recover damages on account of personal injuries alleged to have been received by the plaintiff by reason of a defective sidewalk in the defendant city. The plaintiff had a judgment for $500 damages, and the defendant appeals. The facts essential to an understanding of the questions determined will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Pieree County. Action to recover damages on account of personal injuries alleged to have been received by the plaintiff by reason of a defective sidewalk in the defendant city. The plaintiff had a judgment for $500 damages, and the defendant appeals. The facts essential to an understanding of the questions determined will sufficiently appear from the opinion. To tbe point tbat tbe slight inclination in tbe walk did not constitute a defect, they cited GooJe v. Milwaukee, 27 Wis. 191; Ola/rJe v. Chicago, 4 Biss. 486; Raymond v. Lowell, 6 Cush. 524; Witham v.…
1Opinion of the CourtCole, C. J.
We are of tbe opinion tbat the charge of the learned circuit court did not fairly submit tbe question as to tbe defect irnthe sidewalk. In tbe complaint it is alleged tbat tbe walk was defective in that it was improperly constructed, so tbat its surface was uneven and sloped sharply downward, thus forming a steep inclined plane, and bad no slats nailed crosswise thereon to prevent travelers from slipping, while passing along tbe same. A further insufficiency is alleged tbat at this spot there was a dangerous bole or opening through tbe planks, about twelve inches long and four inches wide at…
2Cases cited2 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1870
3Cited by11 opinions
- Weisse v. City of DetroitMichigan Supreme Court · 1895
- City of Michigan City v. BoecklingIndiana Supreme Court · 1890
- Goelz v. City of MilwaukeeWisconsin Supreme Court · 1960
- Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
- Hausmann v. City of MadisonWisconsin Supreme Court · 1893
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