Raymond v. City of Sheboygan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. The following statement of the case was prepared by Mr. Justice Cassoday:. This action was originally commenced June 28, 1887, against the defendants Dorothea and Joseph Keseberg for personal injury sustained by the plaintiff while traveling' upon one of the streets in the defendant city in the evening of May 18,1885, by reason of an alleged defect therein caused by the said Kesebergs.
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APPEAL from the Circuit Court for Calumet County. The following statement of the case was prepared by Mr. Justice Cassoday:. This action was originally commenced June 28, 1887, against the defendants Dorothea and Joseph Keseberg for personal injury sustained by the plaintiff while traveling' upon one of the streets in the defendant city in the evening of May 18,1885, by reason of an alleged defect therein caused by the said Kesebergs. The complaint contained the usual allegations in such cases. April 16, 1888, the venue was changed to Calumet county. August 31, 1888, the time for transmitting…
1Opinion of the CourtCassoday, J.
The charter of the defendant city, at the time this action was originally commenced, provided in *338effect that whenever any person was injured by reason of any defect in the street for which the city would be liable, and such defect was caused by the negligence of another person, the city should not be liable therefor until all legal remedies had been exhausted against the person through whose negligence the defect was caused. Sec. 24, ch. 236, Laws of 1874; Raymond v. Sheboygan, 70 Wis. 318. Accordingly, it was held in that case that the plaintiff could not proceed against the city until all…
2Cases cited3 opinions
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Raymond v. City of SheboyganWisconsin Supreme Court · 1887
- McFarlane v. City of MilwaukeeWisconsin Supreme Court · 1881
3Cited by6 opinions
- Devine v. City of Fond du LacWisconsin Supreme Court · 1902
- Kollock v. City of MadisonWisconsin Supreme Court · 1893
- Schaefer v. City of Fond du LacWisconsin Supreme Court · 1899
- State ex rel. Faber v. HinkelWisconsin Supreme Court · 1907
- Johnson v. HillWisconsin Supreme Court · 1895
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