Naumburg v. City of Milwaukee
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The plaintiff in error filed his complaint in the Circuit Court of the United States for the Eastern District of Wisconsin, alleging in substance that he was a citizen of the state of New Jersey, and that the defendant was a municipal corporation having applied for and received its charter from the Legislature of Wisconsin; that within its limits the municipality maintained a certain…
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The plaintiff in error filed his complaint in the Circuit Court of the United States for the Eastern District of Wisconsin, alleging in substance that he was a citizen of the state of New Jersey, and that the defendant was a municipal corporation having applied for and received its charter from the Legislature of Wisconsin; that within its limits the municipality maintained a certain draw, jackknife, or bascule bridge known as the “Grand Avenue Bridge,” over the Milwaukee river; that said bridge is and…
1Opinion of the Court
After stating the facts, as above-, the opinion of the court was delivered by
ANDERSON, District Judge.
The cause of action set forth in the complaint is based upon the negligence of the bridge tender in opening the draw or lift of the bridge, when plaintiff was crossing, whereby the plaintiff was injured, while exercising due care. The sufficiency of the complaint turns upon the question whether the bridge tender was such an agenr or servant of the municipality as that the latter is liable for his negligence — whether the doctrine of respondeat superior applies. The Circuit Court held that the…
2Cases cited22 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
- Bettencourt v. State of CaliforniaCalifornia Court of Appeal · 1954
- Hittell v. CommissionerUnited States Board of Tax Appeals · 1935
- Persons v. City of Valley CityNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.