City of Milwaukee v. Davis
Wisconsin Supreme Court
ERROR TO THE MILWAUKEE CIRCUIT COURT. The declaration of tbe plaintiff below set forth that Vleit street, in tbe second ward of tbe city of Milwaukee, “at tbe time of tbe committing of tbe grievances, &c., therein mentioned, and hitherto had been and still is, a common public street and highway, for all persons to go, return, and pass, and repass, in, by and with horses, coaches, wagons and other carriages, .at their free will and pleasure, at? &c.that the defendant below,…
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ERROR TO THE MILWAUKEE CIRCUIT COURT. The declaration of tbe plaintiff below set forth that Vleit street, in tbe second ward of tbe city of Milwaukee, “at tbe time of tbe committing of tbe grievances, &c., therein mentioned, and hitherto had been and still is, a common public street and highway, for all persons to go, return, and pass, and repass, in, by and with horses, coaches, wagons and other carriages, .at their free will and pleasure, at? &c.that the defendant below, well knowing the premises, wrongfully, injuriously, and carelessly, on, &e., graded and cut down a portion of said…
1Opinion of the Court
By the Goivrt,
Smith, J.
This was an action brought by the defendant in error against the plaintiff' in error, for so carelessly and negligently performing the work of grading Yliet street, as to occasion the injury to the plaintiff below, set forth in his declaration.
The questions presented for our consideration arise out of the instructions given by the court below to the jury.
It appears from the evidence that Yleit street had been laid out, dedicated to and used by the public for some years previous to the occurrence of the accident described in the plaintiff’s declaration ; had been…
2Cited by13 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Hogan v. City of ChicagoIllinois Supreme Court · 1897
- Southwell v. City of DetroitMichigan Supreme Court · 1889
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