Kawiecka v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Challes Smith, Judge. This is.au appeal from a judgment entered in pursuance of an order sustaining a demurrer ore terms to the complaint in an action brought against the city of Superior for damages for personal injury alleged to have been caused by a defective sidewalk on a bridge in that city.
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Appeal from a judgment of the superior court of Douglas county: Challes Smith, Judge. This is.au appeal from a judgment entered in pursuance of an order sustaining a demurrer ore terms to the complaint in an action brought against the city of Superior for damages for personal injury alleged to have been caused by a defective sidewalk on a bridge in that city. The complaint alleged, among other things, that during the month of July, 1905, the city rebuilt a portion of the sidewalk on said bridge by nailing planks two inches in thickness to the upper side of the walk as theretofore constructed,…
1Opinion of the CourtBaRNes, J.
Generally speaking, insufficiency or want of repair in a highway is a question of fact for the jury, under instruction from the court as to what is meant by these terms in the statute. Wheeler v. Westport, 30 Wis. 392. And the question is always one for a jury, unless conditions and circumstances are so clear and convincing as to leave no room for reasonable controversy. When the conditions shown are such that different minds may draw different inferences and arrive at different conclusions, the jury, and not the court, must make the ultimate determination. Prahl v. Waupaca, 109 Wis. 299, 85…
2Cases cited12 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Kleiner v. City of MadisonWisconsin Supreme Court · 1899
- Burroughs v. City of MilwaukeeWisconsin Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Key West v. BaldwinSupreme Court of Florida · 1915
- McChain v. City of Fond Du LacWisconsin Supreme Court · 1959
- Johnson v. City of Eau ClaireWisconsin Supreme Court · 1912
- McCormick v. City of RacineWisconsin Supreme Court · 1938
- Allen v. City of Los AngelesCalifornia Court of Appeal · 1941
14 more not listed; retrieve them via the Exa API.