Legal Opinion

Little v. City of Madison

Wisconsin Supreme Court

Decided June 23, 1880PublishedCited by 22 opinions

APPEAL from the Circuit Court for Dane County. After the former decision in this cause (reported in 42 Wis., pp. 643-653), and after the cause had been remitted to the circuit court, tiie defendant answered, admitting that on the 15th of July, 1S76, the officers of said city granted a license to-one Carr to exhibit a bear or bears in the city, but denying that such license authorized such exhibition to be made upon any public street, and alleging, in substance, that the…

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APPEAL from the Circuit Court for Dane County. After the former decision in this cause (reported in 42 Wis., pp. 643-653), and after the cause had been remitted to the circuit court, tiie defendant answered, admitting that on the 15th of July, 1S76, the officers of said city granted a license to-one Carr to exhibit a bear or bears in the city, but denying that such license authorized such exhibition to be made upon any public street, and alleging, in substance, that the license was granted with full notice and instructions to Carr that the exhibition must be made “in some lot or inclosure or…

1Opinion of the CourtCole, J.

The learned circuit court instructed the jury, in substance, that the defendant city was liable for the injury sustained by the plaintiff’s wife, if its police officers or proper authorities were negligent in failing to prevent the bear show in the street. This was supposed to be the meaning of the decision of this court on the former appeal, as reported in 42 Wis., 643. It is possible that this is an admissible construction of the opinion, arising from its brevity, and from the failure of the writer to express with precision the real ground upon which the complaint was held good. Butitis to…

2Cases cited1 opinion

  1. Little v. City of MadisonWisconsin Supreme Court · 1877

3Cited by22 opinions

  1. Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
  2. Burford v. City of Grand RapidsMichigan Supreme Court · 1884
  3. Cox v. Board of County CommissionersCourt of Appeals of Maryland · 1943
  4. Apfelbacher v. StateWisconsin Supreme Court · 1915
  5. State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888

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