Hall v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Action for injuries to tbe person sustained by tbe plaintiff, Mi/nnie A. Hall, in consequence of the defective condition of a sidewalk of tbe defendant city.
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APPEAL from tbe Circuit Court for Outagamie County. Action for injuries to tbe person sustained by tbe plaintiff, Mi/nnie A. Hall, in consequence of the defective condition of a sidewalk of tbe defendant city. The walk in question vras upon Division street, one of tbe principal streets of tbe city, and was composed of wooden planks running lengthwise with tbe street; tbe defect was a bole therein, three feet long, and three and three-quarter inches wide in the middle, diminishing in width toward each end; and the elevation of the upper surface of the planks above the ground at that place was…
1Opinion of the CourtCole, J.
At the close of the plaintiff’s case the defendant moved for a nonsuit, for the reason that there was no evidence to warrant the jury in finding that the officers or agents of the city had notice of the defect in the sidewalk, and because the proof did not show that the injuries complained of were the direct result or consequence of the fall. One error assigned is the overruling of this motion. We think the non-suit was rightly denied on both grounds. It is admitted that the plaintiff fell through the walk on the evening of the 18th of September, 1873. There is positive testimony that the…
2Cases cited1 opinion
- University of Notre Dame du Lac v. ShanksWisconsin Supreme Court · 1876
3Cited by4 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- Jucker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Seaboard M'f'g. Co. v. WoodsonSupreme Court of Alabama · 1893
- Townsend v. City of PaolaSupreme Court of Kansas · 1889