Barney v. City of Hartford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action to recover damages for injuries alleged to have been sustained by reason of a defective sidewalk in one of the public streets of the defendant city.
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APPEAL from the Circuit Court for Washington County. Action to recover damages for injuries alleged to have been sustained by reason of a defective sidewalk in one of the public streets of the defendant city. The complaint alleges (folios 6-9 of the printed case) that the sidewalk at a certain place was out of repair and defective in this, to wit: “ That said sidewalk, at and about the place above specified, consisted of several wooden planks or boards which were laid lengthwise east and west, and adjoining boards laid north and south; that said boards or planks running east and west were…
1Opinion of the CourtCole, C. J.
The complaint in this case, as a pleading, may be obnoxious to the objection of being unnecessarily prolix, but there is surely no ground for saying that it is not definite and certain in describing the defect in the walk which caused the injury. In folios 6, 7, 8, and 9 of the complaint the condition of the sidewalk is minutely described, and it is stated in what the defect or insufficiencj' consisted. It was unnecessary to go into so much detail in describing the defect. A general allegation that the walk was defective and out of repair at the place named, or at most stating briefly in what…
2Cited by4 opinions
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Hanson v. AndersonWisconsin Supreme Court · 1895
- Midwest Broadcasting Co. v. Dolero Hotel Co.Wisconsin Supreme Court · 1956
- Wood v. General Railway Signal Co.Wisconsin Supreme Court · 1915