Barrett v. Village of Hammond
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. This action was commenced August 25, 1891, and the complaint alleges, in effect, that December 24, 1890, the sidewalk on the east side of Main street in the defendant village, at a point about ten feet north of the northwest corner of a certain building then occupied by John McGovern as a general store, was constructed of stringers laid upon the ground, and plank about two inches thick, eight inches wide, and four feet…
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APPEAL from the Circuit Court for St. Croix County. This action was commenced August 25, 1891, and the complaint alleges, in effect, that December 24, 1890, the sidewalk on the east side of Main street in the defendant village, at a point about ten feet north of the northwest corner of a certain building then occupied by John McGovern as a general store, was constructed of stringers laid upon the ground, and plank about two inches thick, eight inches wide, and four feet long, laid crosswise on said stringers; that said stringers were so placed that the edge of the plank projected about ten…
1Opinion of the CourtCassoday, J.
The mere fact that the notice of the defect in the sidewalk located the same and the place of the injury about twenty-five feet north of McGovern’s store, while the complaint located the same at a point about ten feet north of the northwest corner of the building occupied by McGovern as a store, is not a fatal variance, nor so defective or uncertain as to defeat the action for want of a proper notice. They both locate it in the sidewalk on the east side of the street. The measurement of twenty-five feet from the store is somewhat indefinite as to the starting point, but probably was intended…
2Cases cited10 opinions
- City of Ripon v. BittelWisconsin Supreme Court · 1872
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Weisenberg v. City of AppletonWisconsin Supreme Court · 1870
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
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3Cited by20 opinions
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- Poneitowcki v. HarresWisconsin Supreme Court · 1930
- Maryon v. City of AtlantaSupreme Court of Georgia · 1919
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