Whitney v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Taylob : “This is an appeal from an order overruling a demurrer to the complaint. The ground of demurrer was that the complaint does not state facts sufficient to constitute a cause of action.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Taylob : “This is an appeal from an order overruling a demurrer to the complaint. The ground of demurrer was that the complaint does not state facts sufficient to constitute a cause of action. The action was brought to recover damages for an injury received by the plaintiff while traveling upon one of the streets of the defendant city; and it is alleged that the accident happened on account of want of care on the part of the city in keeping and maintaining the street where the accident happened in a…
1Opinion of the CourtTaylor, J.
We are of the opinion that the demurrer was properly overruled. Upon the facts stated in the complaint, we cannot say, as a question of law, that the cross-walk at the place where the accident happened was not an insufficient and dangerous cross-walk. The allegations of the complaint show that the cross-walk was on one of the principal streets of the city; that at the point where it left the sidewalk it was three and one half feet above the street; that-it descended to the street at a distance of only eight feet from the sidewalk, making, so far as we can determine from the complaint, a…
2Cases cited2 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Perkins v. City of Fond du LacWisconsin Supreme Court · 1874
3Cited by2 opinions
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
- Morrison v. City of MadisonWisconsin Supreme Court · 1897