Kusterer v. City of Beaver Dam
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. The case is thus stated by Mr. Justice Cassoday: “ This is an action for personal injury happening to the plaintiff, January 10, 1880, by reason of a defective sidewalk in Beaver Dam.
Read the full summary
APPEAL from the County Court of Dodge County. The case is thus stated by Mr. Justice Cassoday: “ This is an action for personal injury happening to the plaintiff, January 10, 1880, by reason of a defective sidewalk in Beaver Dam. Issue was joined by service of an answer, September 26, 1881, and the cause was noticed for trial and placed upon the calendar of the term commencing December 6, 1881, on which day the cause was set down for trial January 4, 1882. December 6, 1881, the plaintiff’s attorneys, E. P. Smith and J. J. Dick, served upon the mayor of the city, W. C. Griffis, a copy of an…
1Opinion of the CourtCassoday, J.
There is no claim that the agreement between the plaintiff and his attorneys was champertous, *475and we agree with counsel for the plaintiff that it was not within the rule laid down by this court in Allard v. Lamirande, 29 Wis., 502. A single question is, therefore, presented for determination. In an action against a city for personal injury, happening by reason of a defective sidewalk, where the plaintiff had agreed with his attorneys to pay all his own costs and save them from any court costs, and give to them one half of the damages recovered and ail the taxable attorney’s fees, and not to…
2Cases cited8 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Shank v. . ShoemakerNew York Court of Appeals · 1859
- Allard v. LamirandeWisconsin Supreme Court · 1872
- Courtney v. McGavockWisconsin Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Karp v. SpeizerCourt of Appeals of Arizona · 1982
- Hanna v. Island Coal Co.Indiana Court of Appeals · 1892
- Kansas City Elevated Railway Co. v. ServiceSupreme Court of Kansas · 1908
15 more not listed; retrieve them via the Exa API.