Legal Opinion

McCoy v. Kenosha County

Wisconsin Supreme Court

Decided March 6, 1928PublishedCited by 18 opinions

1Opinion of the CourtEschweiler, J.

It is frankly conceded by appellants’ counsel in the able and interesting brief and argument here presented that it has been uniformly heretofore held by this court that no liability exists for injuries against a municipality charged with the duty of maintaining its highways except and unless a statute so provides.

Such statute so far as deemed here material and the one upon which the rulings of the court below was made'reads:

“Section 81.15 (formerly sec. 1339). If any damage shall happen to any person, his team, carriage or other property by reason of the insufficiency or want of repairs of…

2Cases cited38 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  3. Holden v. HardySupreme Court of the United States · 1898
  4. Omnia Commercial Co. v. United StatesSupreme Court of the United States · 1923
  5. Bowditch v. BostonSupreme Court of the United States · 1880

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

3Cited by18 opinions

  1. Stanhope v. Brown CountyWisconsin Supreme Court · 1979
  2. State v. EsserWisconsin Supreme Court · 1962
  3. Thomas Ex Rel. Gramling v. MallettWisconsin Supreme Court · 2005
  4. Maurin v. HallWisconsin Supreme Court · 2004
  5. Sousa v. StateSupreme Court of New Hampshire · 1975

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

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