Zoellner v. City of Fond du Lac
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Pond du Lac county: Chestee A. To week, Circuit Judge. Action for personal injuries sustained by reason of a defect in a sidewalk. On tbe 8tb day of May, 1909, at about 6:30 in tbe evening, tbe plaintiff, accompanied by bis daughter, was walking borne from bis work along tbe sidewalk on tbe south side of Main street in tbe defendant city, carrying some carpenter tools in bis bands.
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Appeal from a judgment of tbe circuit court for Pond du Lac county: Chestee A. To week, Circuit Judge. Action for personal injuries sustained by reason of a defect in a sidewalk. On tbe 8tb day of May, 1909, at about 6:30 in tbe evening, tbe plaintiff, accompanied by bis daughter, was walking borne from bis work along tbe sidewalk on tbe south side of Main street in tbe defendant city, carrying some carpenter tools in bis bands. When at a point on said sidewalk about twelve feet north of tbe north line of Twelfth street, one or more of tbe boards, when stepped upon, tipped up, causing tbe…
1Opinion of the CourtViNje, J.
The defendant claims (1) that tbe notice of injury was pot served upon tbe proper officer of tbe city;. *303(2) that plaintiff was guilty of contributory negligence as a matter of law; (3) that the court erred in its charge to the jury relative to the question of contributory negligence; and (4) that the damages are excessive.
It appears that the notice of injury was served upon one G. E. McEntee. Plaintiff claims that at the time of the service of notice upon him' he was the sidewalk superintendent of the city, while the defendant asserts there was no such officer. The defendant city was…
2Cases cited8 opinions
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
- Crites v. City of New RichmondWisconsin Supreme Court · 1897
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
- Grafton v. HinkleyWisconsin Supreme Court · 1901
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3Cited by7 opinions
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- Madison v. City of AntigoWisconsin Supreme Court · 1913
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