Hill v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia, County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff Elizabeth fell upon a sidewalk in the city of Fond du Lac, and she and her husband bring this suit to recover damages therefor.
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APPEAL from the Circuit Court for Columbia, County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff Elizabeth fell upon a sidewalk in the city of Fond du Lac, and she and her husband bring this suit to recover damages therefor. Upon the trial the jury found a verdict for the plaintiffs of $2,500. Thereupon counsel for the defendant moved, upon the minutes of the court, to set aside 'the verdict and for a new trial, which was refused, and thereupon judgment was entered for the plaintiffs, from which this appeal is brought.”
1Opinion of the CourtCassoday, J.
The cause of action alleged happened prior to the present revision of the statutes, and hence the notice required by sec. 1339, R. S., was not essential to maintain the action. It is urged by the learned counsel for the city that under the charter the lot-owner was' primarily liable for the damages in question, and not the city. The provisions of the charter in question were construed by this court in Amos v. Fond du Lac, 46 Wis., 695. It was there held that the charter did not impose the duty of keeping a sidewalk in repair upon the lot-owner, except where it was built by order of the common…
2Cases cited10 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Stilling v. Town of ThorpWisconsin Supreme Court · 1882
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Kaples v. OrthWisconsin Supreme Court · 1884
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Huston v. City of Council BluffsSupreme Court of Iowa · 1897
39 more not listed; retrieve them via the Exa API.