Webster v. City of Beaver Dam
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action at law by Adelaide H. Webster against the city of Beaver Dam to recover for personal injuries alleged to have been caused by a defective sidewalk in the defendant city. The case was heard on demurrer to the complaint.
1Opinion of the Court
SEAMAN, District Judge.
The demurrer raises the question of the sufficiency of the complaint to charge liability against the municipality upon two grounds: (1) That it appears that the abutting lot owner described in the complaint is primarily liable, and the city is not liable until that remedy is exhausted; (2) that notice was not given within 15 days, as required both by the charter and the general law to maintain an action of this nature.
1. The first objection is based upon provisions of the charter (1) making it the duty of abutting lot owners to keep the sidewalk “in *281good and sufficient…
2Cases cited11 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Hincks v. City of MilwaukeeWisconsin Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
- Schulstad v. City & County of San FranciscoCalifornia Court of Appeal · 1946
- Burkard v. City of Dell RapidsSouth Dakota Supreme Court · 1955
- City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1930
4 more not listed; retrieve them via the Exa API.