Chamberlain v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that mere slipperiness of the surface of a walk or highway, by reason of ice or snow accumulating thereon, is not such a defect as to render the city liable, where the ice or snow does not assume such a shape as to be an obstacle to travel.
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APPEAL from the Circuit Court for Winnebago County. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that mere slipperiness of the surface of a walk or highway, by reason of ice or snow accumulating thereon, is not such a defect as to render the city liable, where the ice or snow does not assume such a shape as to be an obstacle to travel. Cook v. Milwaukee, 24 Wis. 270, 27 id. 191; Perkins v. Fond du Lae, 34 id. 435; Grossenbaeh v. Milwaukee, 65 id. 31; Stanton v. Springfield, 12 Allen, 566;…
1Opinion of the CourtORton, J.
This action is to recover damages for a personal injury to the plaintiff, occasioned by the want of repair and defective condition of a walk in Merritt street, •in the city of Oshkosh. The defect is thus described in the complaint: “ The said street, known as Merritt street, at a certain place in said street, t® wit, on the south side of said Merritt street, on the southeast corner thereof where said Merritt street intersects with Ford street of said city, was [on the 21st day of February, 1889] and for a period of four weeks or more had been, unsafe, insufficient, defective, and badly out of…
2Cases cited4 opinions
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1870
- Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
- Perkins v. City of Fond du LacWisconsin Supreme Court · 1874
3Cited by13 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
- Evans v. City of ConcordiaSupreme Court of Kansas · 1906
- Beaton v. City of MilwaukeeWisconsin Supreme Court · 1897
- Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903
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