Whitty v. City of Oshkosh
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action to recover compensation for personal injuries. In the defendant city, near where two much-used sidewalks met at an obtuse angle, an abutting lot-owner maintained in the walk a hatchway over an excavation about nine feet deep, for convenience in conveying merchandise to and from the basement of his building.
Read the full summary
Appeal from an order of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action to recover compensation for personal injuries. In the defendant city, near where two much-used sidewalks met at an obtuse angle, an abutting lot-owner maintained in the walk a hatchway over an excavation about nine feet deep, for convenience in conveying merchandise to and from the basement of his building. The hatchway ivas seven feet long by four feet wide, occupying, when open, the width of the walk except twenty inches on the outer edge. When not in use the hatchway was covered by two…
1Opinion of the CourtMaRshall, J.
It is argued at some length, and the argument supported by authority, that a lot-owner in a city may use the space under the sidewalk in front of his lot, constructing and maintaining, for his convenience, coal holes and hatchways in such walk, covering them when not in actual use so they will not affect the safety of the walk for public travel, and when in use guarding them reasonably, to’ prevent persons, traveling on the walk in the exercise of ordinarj'- care, from stepping or falling into them. Such is the law. It has been often so .declared by this and other courts. Papworth v.…
2Cases cited18 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- City of Peoria v. SimpsonIllinois Supreme Court · 1884
- Morse v. GilmanWisconsin Supreme Court · 1863
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Murphy v. Herold Co.Wisconsin Supreme Court · 1909
- Tubb v. City of SeattleWashington Supreme Court · 1925
- Pfeiffer v. RadkeWisconsin Supreme Court · 1910
- City of Clarksville v. DeasonCourt of Appeals of Tennessee · 1928
2 more not listed; retrieve them via the Exa API.