Kane v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond, ¿tu Lao County. Tbe action is upon an award. Tbe plaintiff brought an action against tbe defendant city, and one Perkins, to recover damages for personal inj uries alleged to bave been received by bim by reason of a certain obstruction to a public street in said city, to wit, a “ Perkins Patent Shutter,” which fell upon him in front of tbe store of tbe said Perkins.
Read the full summary
APPEAL from tbe Circuit Court for Fond, ¿tu Lao County. Tbe action is upon an award. Tbe plaintiff brought an action against tbe defendant city, and one Perkins, to recover damages for personal inj uries alleged to bave been received by bim by reason of a certain obstruction to a public street in said city, to wit, a “ Perkins Patent Shutter,” which fell upon him in front of tbe store of tbe said Perkins. It seems that be claimed that both defendants in that action were liable for such injuries. Pending that action, tbe common council of tbe defendant city passed-tbe following resolution:…
1Opinion of the CourtLyon, J.
I. That a municipal corporation may, unless restricted by its charter, lawfully submit a disputed claim against it to arbitration, and that the common council of the defendant city had ample power to do so in the present case, we cannot'doubt. These propositions are fully sustained by the authorities cited in behalf of the plaintiff, and by the charter of the city.
Neither do we doubt that it was competent for the common *500council to entrust tbe city attorney with the selection of tbe arbitrators.- That body bad as full and complete control of tbe litigation as a natural person bas of litigation…
2Cited by11 opinions
- City of Madison v. Frank Lloyd Wright FoundationWisconsin Supreme Court · 1963
- Richco Structures v. Parkside Village, Inc.Wisconsin Supreme Court · 1978
- City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.