Sowle v. City of Tomah
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Monroe County. This action is to recover damages for personal injuries which the plaintiff allege^ he received by reason of the insufficiency or want of repair of Washington street, one of the public streets or highways in the defendant city. Due service of notice of the injury, the place where it occurred, and the claim, for damages, as required by. sec. 1339, R. S., is alleged in the complaint. The answer is substantially a general denial.
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APPEAL from tbe Circuit Court for Monroe County. This action is to recover damages for personal injuries which the plaintiff allege^ he received by reason of the insufficiency or want of repair of Washington street, one of the public streets or highways in the defendant city. Due service of notice of the injury, the place where it occurred, and the claim, for damages, as required by. sec. 1339, R. S., is alleged in the complaint. The answer is substantially a general denial. It appeared on the trial that the following is the only notice thus given: “ To H. 8. Beardsley, Mayor of the Oity of…
1Opinion of the CourtLyoN, C. J.
The right of action in cases of this class is given by sec. 1339, R. S., and is entirely a statutory right. Being so, it is competent for the legislature to impose any restrictions it chooses upon the right. McLimans v. Lancaster, 63 Wis. 596. It has imposed two such restrictions. One of these is contained in ch. 454, Laws of 1885 (S. & B. Ann. Stats, sec. 1339a), which limits a recovery in an action of this class to $5,000. The other restriction is found in the section which gives the right of action (sec. 1339), and is as follows: “No such action shall be maintained against' any county,…
2Cases cited8 opinions
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Wentworth v. Town of SummitWisconsin Supreme Court · 1884
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Fopper v. Town of WheatlandWisconsin Supreme Court · 1884
- Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Hogan v. City of BeloitWisconsin Supreme Court · 1921
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
- Johnson v. City of ChisholmSupreme Court of Minnesota · 1946
9 more not listed; retrieve them via the Exa API.