Benson v. City of Madison
Wisconsin Supreme Court
Appeal from a judgment of. the circuit court for Dane county: E. G. Siebeokee, Circuit Judge. This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of the insufficiency or ivant of repair of a certain crosswalk on the south side of State street at its intersection with Fairchild street,_ in the city of Madison.
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Appeal from a judgment of. the circuit court for Dane county: E. G. Siebeokee, Circuit Judge. This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of the insufficiency or ivant of repair of a certain crosswalk on the south side of State street at its intersection with Fairchild street,_ in the city of Madison. The notice served on the city, in describing the alleged defect, says that the crosswalk had been torn up, and the surface of the ground where pedestrians were compelled to walk was left rough and uneven, covered with loose stones, was…
1Opinion of the CourtBaRdeek, J.
The accident and resulting injury to the plaintiff, for which, damages are claimed in this action, happened on the evening of December 5,1894. Sec. 1339, E. S. 1878, as it then existed provided that no such action should be maintained unless, within ninety days from the happening of the event causing such damage, notice in writing should be served on the proper city officials, stating the place where such damage occurred, and describing generally the insufficiency or want of repair which occasioned it, and that satisfaction therefor was claimed of such city. The part of the notice served by…
2Cases cited4 opinions
- Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
- Salladay v. Town of DodgevilleWisconsin Supreme Court · 1893
- Hein v. Village of FairchildWisconsin Supreme Court · 1894
- Laird v. Town of OtsegoWisconsin Supreme Court · 1895
3Cited by24 opinions
- Hall v. City of Los AngelesCalifornia Supreme Court · 1941
- City of East Chicago v. GilbertIndiana Court of Appeals · 1915
- Barribeau v. City of DetroitMichigan Supreme Court · 1907
- City of Waco v. LandinghamCourt of Appeals of Texas · 1940
- Ocampo v. City of RacineWisconsin Supreme Court · 1965
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