Nuthals v. City of Green Bay
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown, county: HeNey Graass, Circuit Judge. Action to recover damages for tbe death of one Constant Nuthals, who on September 8, 1912, drowned by reason of falling through an alleged defective trestle work dr wharf at •a place claimed to be in a public street of the defendant city. The Fox river at the place in question in the city of Green Bay runs nearly north and south. Washington street parallels the river on the east.
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Appeal from a judgment of tbe circuit court for Brown, county: HeNey Graass, Circuit Judge. Action to recover damages for tbe death of one Constant Nuthals, who on September 8, 1912, drowned by reason of falling through an alleged defective trestle work dr wharf at •a place claimed to be in a public street of the defendant city. The Fox river at the place in question in the city of Green Bay runs nearly north and south. Washington street parallels the river on the east. Cedar street intersects Washington street at right angles. The original plat of the city •shows Cedar street extending to…
1Opinion of the CourtViNJE, J.
The circuit court directed a verdict for defendant because there was not sufficient evidence to go to the jury on the question of whether or not the locus in quo was a public street. In doing so the court erred. It is true there was no evidence that the city built the wharf or approach thereto or as to who built it. Neither was there any evidence that the city had ever expended any money on its repair or maintenance. On the contrary the only one shown to have repaired the wharf was the Hurlbut Company. But it is not necessary that the city should have opened the street or built or repaired…
2Cases cited2 opinions
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Curtiss v. Town of BovinaWisconsin Supreme Court · 1909
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