Legal Opinion

Morrison v. City of Eau Claire

Wisconsin Supreme Court

Decided November 11, 1902PublishedCited by 16 opinions

Appeal from an order of tbe circuit court for Eau Olaire • county: James O’Neill, Circuit Judge. Appeal from order sustaining demurrer to complaint wbicli alleges injury to tbe plaintiff on tbe 8tb day of March, 1901, from a pile of debris wbicb bad accumulated across a perfectly good sidewalk.

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Appeal from an order of tbe circuit court for Eau Olaire • county: James O’Neill, Circuit Judge. Appeal from order sustaining demurrer to complaint wbicli alleges injury to tbe plaintiff on tbe 8tb day of March, 1901, from a pile of debris wbicb bad accumulated across a perfectly good sidewalk. Said débris, consisting of stone, brick, cement, and ice, bad been allowed to remain for a period of about a month prior to the injury, wbicb is alleged by tbe complaint to have constituted an insufficiency and obstruction and a dangerous place upon said sidewalk. Tbe complaint alleges notice of tbe…

1Opinion of the CourtDodge, J.

The first question in natural sequence is whether the circuit court had any jurisdiction over plaintiff's demand, it not having been filed with the city clerk nor brought into court by appeal. It would seem that this question has been answered beyond further debate by a line of cases in this court reaching from Koch v. Ashland, 88 Wis. 361, 53 N. W. 674, up to one of its very latest utterances. Those cases are Mason v. Ashland, 98 Wis. 540, 74 N. W. 357; Telford v. Ashland, 100 Wis. 238, 75 N. W. 1006; Seegar v. Ashland, 101 Wis. 515, 77 N. W. 880; Morgan v. Rhinelander, 105 Wis. 138, 81 N.…

2Cases cited29 opinions

  1. Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
  2. Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
  3. Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
  4. Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
  5. Stilling v. Town of ThorpWisconsin Supreme Court · 1882

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3Cited by16 opinions

  1. Touhey v. City of DecaturIndiana Supreme Court · 1911
  2. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  3. Robb v. City of MilwaukeeWisconsin Supreme Court · 1942
  4. Matson v. Dane CountyWisconsin Supreme Court · 1920
  5. State ex rel. Barber Asphalt Paving Co. v. District CourtSupreme Court of Minnesota · 1903

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