Horan v. City of Eau Claire
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action for personal injuries received on a defective sidewalk in the defendant city.
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Appeal from an order of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action for personal injuries received on a defective sidewalk in the defendant city. The complaint, after alleging the incorporation of the defendant city, the defect in the sidewalk, and the injuries received by the plaintiff by reason of such defect and the manner in which they were received, alleged in detail the presentation of notice of the injury, as required by sec. 1339, Stats. 1898; also the due filing of her claim for damages under the provisions of the city charter of the…
1Opinion of the CourtWiNslow, J.
The charter of the city of Fau Glaire, like that of many other cities, prohibits the bringing of actions against the city in the ordinary way, and requires the claimant to file his claim with the city clerk, and to appeal from the decision of the common council thereon in case it be necessary to invoke legal remedies. The complaint in the present action shows that an injury was received by reason of a serious defect in one of the city’s sidewalks, - and further shows that the plaintiff has taken every step required of her by the charter of the city and by the general statutes of the state to…
2Cases cited4 opinions
- Rice v. Ashland CountyWisconsin Supreme Court · 1900
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Koch v. City of AshlandWisconsin Supreme Court · 1892
- Bruins v. DowneyWisconsin Supreme Court · 1878