Fife v. City of Oshkosh
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. On December 29, 1888, the plaintiff fell and was injured by reason of an alleged defect in the sidewalk in front of tbe block owned by the defendant Beckwith, in the defendant city.
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Appeals from a judgment of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. On December 29, 1888, the plaintiff fell and was injured by reason of an alleged defect in the sidewalk in front of tbe block owned by the defendant Beckwith, in the defendant city. On March 23, 1889, the plaintiff gave notice in writing to the city clerk, stating the fact of said injury, the place where the same occurred, and describing the insufficiency and want of repair of said sidewalk. The defendants separately answered by way of admissions, denials, and counter allegations. At the close…
1Opinion of the CourtCassodav, J.
i. It is contended in behalf of the city that ch. 471, Laws of 1889 (secs. 1339J, 1339c, S. & B. Ann. Stats.), made Beclmith, as abutting lot owner, primarily liable for the damages in question, and hence that the trial court improperly granted a nonsuit in his behalf and at the same time refused a nonsuit in favor of the city. But that chap*543ter does not undertake to create a liability against the adjoining lot owner, but merely to authorize an action against both the municipality and the wrongdoer. Cooper v. Waterloo, 88 Wis. 438. Besides, the act was not passed until some •months after the…
2Cases cited5 opinions
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Brickley v. WalkerWisconsin Supreme Court · 1887
- Shanahan v. City of MadisonWisconsin Supreme Court · 1883
- Bleiler v. MooreWisconsin Supreme Court · 1894
- Barker v. LynchWisconsin Supreme Court · 1890
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- Atkinson v. Sheriff Motor Co.Supreme Court of Iowa · 1927
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