Legal Opinion

Papworth v. City of Milwaukee

Wisconsin Supreme Court

Decided November 3, 1885PublishedCited by 19 opinions

APPEAL from the County Court of MilwauJcee County. Action to recover damages for an injury to the person of the plaintiff caused by her falling through a hole in a sidewalk in the defendant city. The material portion of the answer and the view taken by this court of the evidence, will appear from the opinion.

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APPEAL from the County Court of MilwauJcee County. Action to recover damages for an injury to the person of the plaintiff caused by her falling through a hole in a sidewalk in the defendant city. The material portion of the answer and the view taken by this court of the evidence, will appear from the opinion. The county court instructed the jury as follows: “ 1. That the opening for vault purposes, made by Mrs. Kneeland, the owner of the premises, in the sidewalk thereon, at the time of its construction eleven years ago, in order to put in wood, coal and other articles of use for the occupant…

1Opinion of the CourtTatloR, J.

This action was brought by the respondent against the city of Milwaukee to recover damages for an *396injury sustained by ber by falling through a sidewalk in one of the streets of said city.

It is admitted on the argument of the appeal in this court that if the city has any defense to the action of the respondent, it is under that part of its answer which reads as follows: “ This defendant further alleges that the said sidewalk at the place aforesaid, in front of the premises known as No. 131 Third street, in said city of Milwaukee, was constructed and maintained by the owners or occupants of…

2Cases cited5 opinions

  1. Hincks v. City of MilwaukeeWisconsin Supreme Court · 1879
  2. Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879
  3. President & Trustees of the Village of West Bend v. MannWisconsin Supreme Court · 1883
  4. Amos v. City of Fond du LacWisconsin Supreme Court · 1879
  5. McFarlane v. City of MilwaukeeWisconsin Supreme Court · 1881

3Cited by19 opinions

  1. Veits v. City of HartfordSupreme Court of Connecticut · 1948
  2. Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
  3. Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
  4. Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
  5. Kansas Natural Gas Co. v. HaskellU.S. Circuit Court for the District of Eastern Oklahoma · 1909

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