Legal Opinion

Engel v. City of Milwaukee

Wisconsin Supreme Court

Decided October 27, 1914PublishedCited by 14 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: OkreN T. Williams, Circuit Judge. ' Tbis action was brought against tbe defendant, city of Milwaukee, to recover damages alleged to bave been caused through tbe negligence of tbe employees of tbe defendant city which resulted in plaintiff’s injury.

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Appeal from a judgment of tbe circuit court for Milwaukee county: OkreN T. Williams, Circuit Judge. ' Tbis action was brought against tbe defendant, city of Milwaukee, to recover damages alleged to bave been caused through tbe negligence of tbe employees of tbe defendant city which resulted in plaintiff’s injury. Upon tbe trial tbe court sustained tbe defendant’s objection to receiving evidence under tbe complaint on tbe ground that tbe complaint did not state facts sufficient to constitute a cause of action, and ordered judgment against tbe plaintiff dismissing tbe complaint with costs.…

1Opinion of the CourtKeewiN, J.

The facts are fully set out in the complaint, from which it appears that the injury complained of was caused by the negligence of an employee of the defendant city while engaged in the department of fire and police alarm system of the defendant city, authorized by sec. 959 — ■ 46d, Stats., in running' an automobile used in such service so negligently as to cause the injury set forth in the complaint.

The only question in the case is whether the defendant city is liable for injuries caused through the negligence of an employee of the defendant while engaged in performing the services alleged.…

2Cases cited7 opinions

  1. Hayes v. City of OshkoshWisconsin Supreme Court · 1873
  2. Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
  3. Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
  4. Manske v. City of MilwaukeeWisconsin Supreme Court · 1904
  5. Higgins v. City of SuperiorWisconsin Supreme Court · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Rollow v. Ogden CityUtah Supreme Court · 1926
  2. Apfelbacher v. StateWisconsin Supreme Court · 1915
  3. Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
  4. Schumacher v. City of MilwaukeeWisconsin Supreme Court · 1932
  5. Leckliter v. City of Des MoinesSupreme Court of Iowa · 1930

9 more not listed; retrieve them via the Exa API.

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