Reed v. City of Madison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The facts are stated in the opinion. They argued, among other things, that the general rules of liability of persons and corporations towards children are the same as they are in favor of adult persons, with the distinction that a much less strict rulé is held in respect to contributory negligence'upon their part: Railroad, Go. v. Gladmon, 15 Wall. 401; Lynch v. Smith, 104 Mass. 52yEwen v. 0. <&F. W. R. Go. 38 Wis. 613. It has…
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APPEAL from the Circuit Court for Dane County. The facts are stated in the opinion. They argued, among other things, that the general rules of liability of persons and corporations towards children are the same as they are in favor of adult persons, with the distinction that a much less strict rulé is held in respect to contributory negligence'upon their part: Railroad, Go. v. Gladmon, 15 Wall. 401; Lynch v. Smith, 104 Mass. 52yEwen v. 0. <&F. W. R. Go. 38 Wis. 613. It has never been held, except under local statutes, that a child injured while playing on the street had not the ordinary right…
1Opinion of the CourtOrton, J.
The accident and injury complained of took place on the evening of the 11th day of September, 1878, about 6 o’clock, when the plaintiff, now of full age, was only seven years old, and on a sidewalk on the southerly side of Main street, opposite lot 4, block 50, in the city of Madison, which was and had been for over six months out of repair and dangerous to travelers at that place. The plaintiff, who lived with her father and mother near that place, started to go on said sidewalk westerly to the junction of Broom and Main streets to visit and play with some playmates of hers at that place,…
2Cases cited25 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
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3Cited by35 opinions
- Dervin v. FrenierSupreme Court of Vermont · 1917
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899
- Ocampo v. City of RacineWisconsin Supreme Court · 1965
30 more not listed; retrieve them via the Exa API.