Moyer v. City of Oshkosh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubitell, Circuit Judge. This is an action to recover damages on account of the death of George B. Moyer, the plaintiff’s intestate, a man about forty-five years of age, who attempted to cross Main street bridge in tbe city of Oshkosh at about 6:30 o’clock on the evening of November 15, 1909, and was precipitated into Fox river through the open draw and drowned.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubitell, Circuit Judge. This is an action to recover damages on account of the death of George B. Moyer, the plaintiff’s intestate, a man about forty-five years of age, who attempted to cross Main street bridge in tbe city of Oshkosh at about 6:30 o’clock on the evening of November 15, 1909, and was precipitated into Fox river through the open draw and drowned. He left surviving him his widow (the plaintiff) and several minor children. Moyer was riding a bicycle and was approaching the bridge from the south. He passed…
1Opinion of the CourtWinslow, C. J.
Three serious contentions are made by tbe appellant inathis case: First, that no claim was ever filed with tbe city council as required by law; second, that tbe plaintiff’s intestate was guilty of contributory negligence as matter of law; and third, that tbe recovery in no event can exceed $5,000. These contentions will be taken up in their order.
1. It appears that in 1902 tbe city of Oshkosh adopted *591secs. 925 — 58, 925 — 59, and 925 — 60 of the Statutes of 1898 (being a part of tbe general city charter law) as a part of its special charter. These sections prohibit the bringing of any action…
2Cases cited13 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Wisconsin Telephone Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Johnson v. City of Eau ClaireWisconsin Supreme Court · 1912
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1900
- Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gutter v. SeamandelWisconsin Supreme Court · 1981
- Figgs v. City of MilwaukeeWisconsin Supreme Court · 1984
- Hindmarsh v. Sulpho Saline Bath Co.Nebraska Supreme Court · 1922
- Rogers v. City of OconomowocWisconsin Supreme Court · 1962
- Sambs v. NowakWisconsin Supreme Court · 1970
14 more not listed; retrieve them via the Exa API.