Kelley v. City of Madison
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action for an injury to the female plaintiff from a defective highway. A demurrer to the complaint was sustained, apparently on the ground that the cause was not brought to the circuit court on appeal from the action of the common council of the defendant city in disallowing plaintiff’s claim for damages, but by original action. Plaintiffs appealed from the order. The case is stated in the opinion.
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APPEAL from tbe Circuit Court for Dane County. Action for an injury to the female plaintiff from a defective highway. A demurrer to the complaint was sustained, apparently on the ground that the cause was not brought to the circuit court on appeal from the action of the common council of the defendant city in disallowing plaintiff’s claim for damages, but by original action. Plaintiffs appealed from the order. The case is stated in the opinion. They contended that the words “ claim ” and “ demand,” in secs. 24 and 25, cb. YII of the city charter, do not include causes of action for…
1Opinion of the CourtCole, J.
This action is brought to recover damages for a personal injury alleged to have been sustained by the female plaintiff in consequence of falling into a ditch, or excavation, which had been cut across and through one of the public streets and sidewalks of the city; and which ditch, it is alleged, was left open by the defendant without any guard or *643protection to prevent injury to persons passing along the street and sidewalk. The complaint was demurred to on various grounds, and the demurrer sustained. The learned counsel for the defendant, in support of the order appealed from, rested his…
2Cases cited2 opinions
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
3Cited by29 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Houston v. StateWisconsin Supreme Court · 1898
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
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