Schultz v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee County. Action to recover damages for injuries received by the plaintiff while passing along one of the public streets of the defendant city.
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APPEAL from tlie Circuit Court for Milwaukee County. Action to recover damages for injuries received by the plaintiff while passing along one of the public streets of the defendant city. After alleging that the city is a corporation, having authority to keep the public streets therein in repair, to remove nuisances therefrom, and to prevent any improper use thereof, and that Poplar, Seventh and Eighth streets, in said city,-are highways dedicated to and used by the public as such, the complaint proceeds as follows: “And this plaintiff further shows that, on or about the fifth day of January,…
1Opinion of the CourtLyoN, J.
1. The injury of which the plaintiff complains was not caused by the insufficiency or want of repairs, of the *259street in which he was injured, and hence the action will not lie under section 1339, R. S., p. 415. If authorities are required to so plain a proposition, they may be found in the brief of the city attorney.
2. The complaint contains allegations sufficient to show a gross neglect of duty on the part of the city officials. The coasting or sliding down Poplar street in the manner and to the extent charged in the complaint was, while being indulged in, a grievous public nuisance, which…
2Cases cited3 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Little v. City of MadisonWisconsin Supreme Court · 1877
- Wallace v. City of MenashaWisconsin Supreme Court · 1880
3Cited by28 opinions
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
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