McKeague v. City of Green Bay
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. Action to recover damages for loss of services of plaintiff’s wife. The complaint sets out that plaintiff’s wife met with an accident on May 30, 1894, while passing along a sidewalk in the city, caused by its defective condition.
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. Action to recover damages for loss of services of plaintiff’s wife. The complaint sets out that plaintiff’s wife met with an accident on May 30, 1894, while passing along a sidewalk in the city, caused by its defective condition. A notice, ■which was set out in full, was served on the city on August 25, 1894. It is with reference to the sufficiency of this notice that the chief controversy arises. The notice was directed to the common council of the city of Green Bay. So far as is necessary to…
1Opinion of the CourtBabdeen, J.
The sole question arising upon this appeal is whether the notice put in evidence was sufficient under sec. 1339, R. S. 1878. .That section provides that, if dam*579age shall happen to any person by reason of the insufficiency or want of repairs of any street, the injured party shall have a cause of action against the municipality charged with the duty of keeping it in repair. It also distinctly provides that: “No such action' shall be maintained against any . . •. city . . . unless within, ninety days after the happening of the event causing such damage, notice in writing, signed by the party,…
2Cases cited4 opinions
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Parish v. Town of EdenWisconsin Supreme Court · 1885
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
3Cited by12 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Ocampo v. City of RacineWisconsin Supreme Court · 1965
- Hoffmann v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1906
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