Cronin v. Village of Delavan
Wisconsin Supreme Court
APPEAL from the Circuit Court for 'Walworth County. Action to recover damages for personal injuries received by the plaintiff by reason of an alleged defective street or sidewalk in the defendant village. The facts are briefly as follows: "Walworth avenue, in said village, is a public street, extending east and west across a stream of water bordered on either side by low grounds.
Read the full summary
APPEAL from the Circuit Court for 'Walworth County. Action to recover damages for personal injuries received by the plaintiff by reason of an alleged defective street or sidewalk in the defendant village. The facts are briefly as follows: "Walworth avenue, in said village, is a public street, extending east and west across a stream of water bordered on either side by low grounds. The avenue is 99 feet wide, and the traveled track is upon an embankment in the center thereof, 24 feet wide, raised several feet above the original surface of the ground. At the point where plaintiff was injured, it…
1Opinion of the CourtLyon, J.
1. Walworth avenue, including the footway thereon from which the plaintiff fell, was a public street in fact, and had been long recognized as such by the defendant village through its legally constituted officers or agents. It was not necessary to prove by record evidence that the board of trustees of the village had formally adopted or recognized the footway as a public way, in order to hold the village liable for damages resulting from defects therein. After allowing it to be used continuously for many yeai’s as a public way, and after assuming charge of it as such, evidenced by the…
2Cases cited4 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
- Dean v. CharltonWisconsin Supreme Court · 1871
- Otis v. Town of JanesvilleWisconsin Supreme Court · 1879
- Codner v. Town of BradfordWisconsin Supreme Court · 1851
3Cited by5 opinions
- Cupps v. StateWisconsin Supreme Court · 1904
- Wright v. City of Fort HowardWisconsin Supreme Court · 1884
- Hanson v. Town of ClintonWisconsin Supreme Court · 1914
- Chicago Union Traction Co. v. ChugrenAppellate Court of Illinois · 1903
- Radebaugh v. F. W. Woolworth Co.Appellate Court of Illinois · 1919