Gordon v. Sullivan
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Michael Kibwaw, Circuit Judge. This is an action to recover for injuries received by a fall upon a defective sidewalk upon a street in tbe defendant city. It appears tbat on tbe evening of October 3, 1898, tbe plaintiff, while walking upon tbe sidewalk, stepped into a hole in the walk, and was injured.
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Appeal from a judgment of tbe circuit court for Eond du Lac county: Michael Kibwaw, Circuit Judge. This is an action to recover for injuries received by a fall upon a defective sidewalk upon a street in tbe defendant city. It appears tbat on tbe evening of October 3, 1898, tbe plaintiff, while walking upon tbe sidewalk, stepped into a hole in the walk, and was injured. Tbe action was originally brought jointly against tbe city and one Reilly, who owned tbe adjoining real estate. Reilly having died before tbe trial of tbe action, tbe defendant Mattie Sullivan, as adminis-tratrix of bis estate,…
1Opinion of the CourtWiNsnow, J.
The judgment in favor of the city was unquestionably right. This court held in the case of Devine v. Fond du Lac, 113 Wis. 61, 88 N. W. 913, following Henker v. Fond du Lac, 71 Wis. 616, 38 N. W. 187, that, under the charter of the city, a party suffering injury by reason of a sidewalk being out of repair must exhaust his remedy against the lot owner, as a condition precedent to the right to maintain an action against the city. If the fact of the exhaustion of the remedy against the property owner be a condition precedent to the liability of the city, then, upon familiar principles, no cause…
2Cases cited3 opinions
- Strong v. City of Stevens PointWisconsin Supreme Court · 1885
- Devine v. City of Fond du LacWisconsin Supreme Court · 1902
- Henker v. City of Fond du LacWisconsin Supreme Court · 1888
3Cited by5 opinions
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- Robinson v. McGinnisWisconsin Supreme Court · 1911