Cantwell v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Otdagamie Countjn During the forenoon of June 18, 1885, as the plaintiff was walking east on the north side of College avenue, which is one of the principal streets in the defendant city, she fell into an excavation extending across the sidewalk, and was injured.
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APPEAL from the Circuit Court for Otdagamie Countjn During the forenoon of June 18, 1885, as the plaintiff was walking east on the north side of College avenue, which is one of the principal streets in the defendant city, she fell into an excavation extending across the sidewalk, and was injured. On the 20th of the same month she filed with the city clerk a notice of such inju^, specifying the place where it occurred and the nature of the defect in the sidewalk which occasioned it. On July 22, 1885, she also filed in. the office of such city clerk a claim for $2,000 damages for such injuries.…
1Opinion of the CourtLyoN, J.
I. The refusal of the court to order the plaintiff to file a formal complaint is assigned for error. The court might have done so in its discretion; but we are aware of no rule of law which requires, in a case like this, that formal pleadings shall be interposed. The claim for damages filed with the city clerk contains all the essential elements of a good complaint. It alleges the corporate character of the defendant city, gives the location of the excavation and its dimensions, sufficiently describes the injuries the plaintiff received, charges the city with negligence in respect to the…
2Cases cited1 opinion
- Parish v. Town of EdenWisconsin Supreme Court · 1885
3Cited by9 opinions
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- Cumisky v. City of KenoshaWisconsin Supreme Court · 1894
- Sweetman v. City of Green BayWisconsin Supreme Court · 1912
- Gilbane v. LentSupreme Court of Rhode Island · 1918
- Bolen-Darnell Coal Co. v. RogersSupreme Court of Arkansas · 1911
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