Legal Opinion

Amos v. City of Fond du Lac

Wisconsin Supreme Court

Decided January 15, 1879PublishedCited by 10 opinions

APPEAL from the Circuit Court for Fond du Lac County. The plaintiffs are husband and wife, and brought this action, to recover damages for an injury to the plaintiff wife, alleged in the coinplaint to have been caused by a defective sidewalk in a public street of the defendant city, in front of and adjoining lot 22 in a certain block therein.

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APPEAL from the Circuit Court for Fond du Lac County. The plaintiffs are husband and wife, and brought this action, to recover damages for an injury to the plaintiff wife, alleged in the coinplaint to have been caused by a defective sidewalk in a public street of the defendant city, in front of and adjoining lot 22 in a certain block therein. The nature of the defect in the sidewalk, the manner in which the injury was inflicted, and the special damages suffered thereby, are particularly stated in the complaint. It is also alleged therein, that the sidewalk had been in such defective condition…

1Opinion of the CourtLyoN, J.

The charter of. the city of Fond du Lac contains the following sections, both- of which were’in force when the alleged cause of action arose, and when the action was commenced:

“ Section 11. Nothing in the preceding sections contained shall be so construed as to relieve the owners or occupants of any real estate from the duty of keeping their respective premises at all times in a safe condition, and in a good and thorough state of repair; but such duty is hereby expressly enjoined and imposed upon all such owners and occupants; and if at any time injury shall be sustained by any individual, or…

2Cases cited1 opinion

  1. Weisbrod v. DaenickeWisconsin Supreme Court · 1874

3Cited by10 opinions

  1. Lawrence Mitchell and Algerie Mitchell v. Archibald & Kendall, Inc.Court of Appeals for the Seventh Circuit · 1978
  2. Hill v. City of Fond du LacWisconsin Supreme Court · 1882
  3. Hay v. City of BarabooWisconsin Supreme Court · 1906
  4. Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
  5. Hiner v. City of Fond du LacWisconsin Supreme Court · 1888

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