Legal Opinion

Laconte v. City of Kenosha

Wisconsin Supreme Court

Decided April 23, 1912PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Kenosha county: E. B. BelbeN, Circuit Judge. Action to recover for the benefit of the widow of plaintiff’s intestate, alleged to have come to his death by insufficiency of a sidewalk in the defendant city.

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Appeal from a judgment of the circuit court for Kenosha county: E. B. BelbeN, Circuit Judge. Action to recover for the benefit of the widow of plaintiff’s intestate, alleged to have come to his death by insufficiency of a sidewalk in the defendant city. The pleadings presented the case as indicated in the following, which the evidence established, or tended to show: On a dark night about 10 p. m. the intestate fell from one of defendant’s sidewalks and death ensued by reason thereof. His home had been in Kenosha for a considerable time. He had taken out his first papers, entitling him to the…

1Opinion of the CourtMaeshall, J.

The first question is this: In case of a person being injured by insufficiency of a public way within the scope of sec. 1339 of the Statutes, and death ensues, the circumstances being such that, had he survived, he would he entitled to maintain an action for compensation in respect to the injury, making a case within sec. 4255 of the Statutes, is an action maintainable for surviving relatives, regardless of the *346condition of said sec. 1339 in respect to serving notice of tbe injury? That is ruled in tbe affirmative by McKeigue v. Janesville, 68 Wis. 50, 31 N. W. 298. It bas been so long…

2Cases cited9 opinions

  1. McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
  2. McMillan v. Spider Lake Saw Mill & Lumber Co.Wisconsin Supreme Court · 1902
  3. Carpenter v. Town of RollingWisconsin Supreme Court · 1900
  4. In re WehlitzWisconsin Supreme Court · 1863
  5. Lanz v. RandallU.S. Circuit Court for the District of Minnesota · 1876

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

3Cited by5 opinions

  1. City of Indianapolis v. Willis, AdministratorIndiana Supreme Court · 1935
  2. Bixby v. City of Sioux CitySupreme Court of Iowa · 1917
  3. Marsh v. City of MiamiSupreme Court of Florida · 1935
  4. Ward v. JonesCalifornia Supreme Court · 1952
  5. Ward v. JonesCalifornia Supreme Court · 1952

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