Devine v. City of Fond du Lac
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Fond du Lac county: Michael KiewaN, Circuit Judge. This action is brought to recover damages for injuries claimed to have been sustained by plaintiff by slipping on a stone sidewalk in tbe city of Fond du Lac. Tbe defendants Welch and Mangan are made parties with tbe city as being tbe owners of tbe property in front of which tbe accident occurred.
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Appeals from a judgment of tbe circuit court for Fond du Lac county: Michael KiewaN, Circuit Judge. This action is brought to recover damages for injuries claimed to have been sustained by plaintiff by slipping on a stone sidewalk in tbe city of Fond du Lac. Tbe defendants Welch and Mangan are made parties with tbe city as being tbe owners of tbe property in front of which tbe accident occurred. Tbe sidewalk in question was constructed of limestone flags of irregular size and shape. Tbe defect complained of consisted in tbe fact that tbe stones were placed irregularly and uneven, tbe upper…
1Opinion of the CourtBardeen, J.
1. The first question common to both appeals is that of plaintiff’s contributory negligence. The evidence on the subject was offered by plaintiff, and is without dispute. The sidewalk where the accident occurred was eighteen or twenty feet wide. It was constructed of limestone flagging, the stones being of irregular size and shape. The upper surface was uneven, varying from an inch to two inches from a level, worn smooth from extended use, sloping to the north and toward the street, and was very slippery. At the place where plaintiff is supposed to have fallen there was a hollow or depression…
2Cases cited13 opinions
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Toutloff v. City of Green BayWisconsin Supreme Court · 1895
- Schaffer v. City of Fond du LacWisconsin Supreme Court · 1898
- McKeague v. City of Green BayWisconsin Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
- Coppins v. Town of JeffersonWisconsin Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.