Hyer v. City of Janesville
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county; E. G. SiebeoeeR, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused plaintiff by insufficiency and want of repair of a sidewalk in defendant city.
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Appeal from a judgment of the circuit court for Dane county; E. G. SiebeoeeR, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused plaintiff by insufficiency and want of repair of a sidewalk in defendant city. The insufficiency alleged consisted of an accumulation of snow and ice, three to ten inches deep on the walk for the whole width and a considerable length thereof, existing for several weeks prior to the injury, to the knowledge of the street commissioner, worn by reason of travel thereon uneven and rough and formed into high ridges. The…
1Opinion of the CourtMaeshall, J.
Appellant contends that the trial court should have directed a verdict for defendant because of an entire failure of proof to sustain the allegations of the complaint, as regards failure of duty on defendant’s part respecting the safety of the walk and that the injury complained of was occasioned thereby. The complaint states a case well within the authorities as to actionable failure of duty respecting sidewalks, by allowing an accumulation of snow and ice thereon in such form as to constitute an obstruction to public travel independent of a mere slippery or rough condition caused by ice and…
2Cases cited17 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
- Turk v. H. C. Prange Co.Wisconsin Supreme Court · 1963
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Eitel v. Times, Inc.Oregon Supreme Court · 1960
88 more not listed; retrieve them via the Exa API.