Kuehn v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiff is a fisherman at Milwaukee. He sets his nets in Lake Michigan, at a distance of some ten miles from the city, but within the territorial limits of the city. His nets, when set, extend a distance of about five miles, and are buoyed to the surface by wooden balls and floats. The nets .are of considerable value.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiff is a fisherman at Milwaukee. He sets his nets in Lake Michigan, at a distance of some ten miles from the city, but within the territorial limits of the city. His nets, when set, extend a distance of about five miles, and are buoyed to the surface by wooden balls and floats. The nets .are of considerable value. He has carried on this business at substantially the same place during the last thirty years. The. commissioners of public works of the defendant city-contracted with one…
1Opinion of the CourtNewmait, J.
On behalf of the city it is urged that the complaint, did not state facts sufficient to constitute a cause of action against it, for the recovery of the plaintiff’s damages to his nets, because (1) it was the work of an independent contractor which caused his damages; and (2) his damages resulted from the operations of the commissioners.of public works, while engaged in the performance of duty owed to the general public, as distinguished from strictly corporate duty.
It requires no citation of authorities to show that, if the act which caused the damages was the work of an independent…
2Cases cited5 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Britton v. Green Bay & Fort Howard Water Works Co.Wisconsin Supreme Court · 1892
- Schultz v. City of MilwaukeeWisconsin Supreme Court · 1880
- Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
3Cited by29 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Ostrom v. City of San AntonioTexas Supreme Court · 1901
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
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