City of Superior v. Olt
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Western District of Wisconsin. Action by Katherine Olt against the City of Superior. There was a judgment for plaintiff, and defendant brings error. Action for damages. Verdict and judgment for plaintiff.
Read the full summary
In Error to the District Court of the United States for the Western District of Wisconsin. Action by Katherine Olt against the City of Superior. There was a judgment for plaintiff, and defendant brings error. Action for damages. Verdict and judgment for plaintiff. While walking on Fourteenth street in the city of Superior on the evening of November 16, 1&14, plaintiff stepped upon or stumbled over some bricks, or pieces of broken brick, and fell, breaking her ankle, for which she brought this aetioii. Neither the plaintiff nor her witnesses testified just how the accident occurred. It was…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). Viewing the facts most favorably to the plaintiff, the question for determination on the issue of negligence is whether the presence of bricks or pieces of bricks, under the then existing circumstances, in a street otherwise sufficient for travel, presents a jury question.
[ 1 ] The liability of a city for damagés occurring through defects in the streets is in Wisconsin fixed by statute. Section 1339 of the Revised Statutes of Wisconsin reads as follows:
“If any damage shall happen to any person, his team, carriage or other property, by reason of…
2Cases cited8 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Kleiner v. City of MadisonWisconsin Supreme Court · 1899
- Kawiecka v. City of SuperiorWisconsin Supreme Court · 1908
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Tallahassee v. ColesSupreme Court of Florida · 1941
- Brolin v. the City of IndependenceMissouri Court of Appeals · 1938
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933
- Harvey v. Old Dominion S. S. Co.Court of Appeals for the Second Circuit · 1924