Cook v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. On the 28th of March, 1867, while walking on the crosswalk over Mason street, in the defendant city, along the western side of Water street, plaintiff slipped and fell, receiving personal injuries. This action was brought to recover for these injuries, on the ground that the accident was caused by the unsafe condition in which said cross-walk was permitted to be and remain through defendant’s negligence.
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APPEAL from the Circuit Court for Milwaukee County. On the 28th of March, 1867, while walking on the crosswalk over Mason street, in the defendant city, along the western side of Water street, plaintiff slipped and fell, receiving personal injuries. This action was brought to recover for these injuries, on the ground that the accident was caused by the unsafe condition in which said cross-walk was permitted to be and remain through defendant’s negligence. The complaint alleges that “during said last-mentioned day, all that part of the gutters of Mason street, where the same cross Water…
1Opinion of the Court
T)ixow, C. J.
The complaint does not charge that the snow which had fallen and was suffered to remain *274and be trodden down by the foot passengers, constituted an obstruction, or was in a rough and uneven condition, so as to be unsafe or dangerous to persons walking on the side and cross-walk, and using due care. It does not charge that the walk was not properly and well constructed, or that there was any defect or insufficiency in the manner of placing the stone across or over the gutter. The only defect complained of in this particular is, that the walk over the stone was slippery because of…
2Cases cited1 opinion
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
3Cited by43 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Graham v. City of ChicagoIllinois Supreme Court · 1931
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
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