Weisenberg v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie. Count y. Action to recover for personal injuries caused by a defective sidewalk. All the material facts appear in the opinion.
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APPEAL from the Circuit Court for Outagamie. Count y. Action to recover for personal injuries caused by a defective sidewalk. All the material facts appear in the opinion. Yerdict for the plaintiff, assessing her damages at $1,300. A motion for a new trial was denied, and defendant appealed from a judgment on the verdict. contended that the defendant was not liable, as the authorities were not chargeable with knowledge of the defect in the sidewalk which occasioned the injury (McGinity v. Mayor, etc., 5 Duer, 674; Griffin v Mayor, etc., 9 N. Y. 456; Cuthbert v. City of Appleton, 22 Wis. 642);…
1Opinion of the CourtPaine, J.
This was an action against the city to recover damages for an injury occasioned by an alleged defect in a sidewalk. A reversal is urged principally upon the ground of insufficient proof of knowledge of the defect on the part of the city authorities. And it is claimed that the case is, in that respect, like that of Goodnough v. Oshkosh, 24 Wis. 549. But they are materially different. In that case the plank had become loosened at the place where the accident occurred, by driving wagons across the walk upon an adjoining lot. It having been replaced, and the general condition of the walk being…
2Cases cited1 opinion
- Goodnough v. City of OshkoshWisconsin Supreme Court · 1869
3Cited by30 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- Town of Elkhart v. RitterIndiana Supreme Court · 1879
- Hallum v. Village of OmroWisconsin Supreme Court · 1904
- Riest v. City of GoshenIndiana Supreme Court · 1873
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