Raymond v. City of Sheboygan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The facts are sufficiently stated in the opinion. The plaintiff appealed from a judgment in fsfvor of the defendant. The answer in abatement must show that the person is still living. Durgess v. Abbott, lHill, 477; Indiana v. Woram, 6 id. 33; Stephen on Pleading (Heard’s ed.), 47. It must show knowledge.in the plaintiff.
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APPEAL from the Circuit Court for Outagamie County. The facts are sufficiently stated in the opinion. The plaintiff appealed from a judgment in fsfvor of the defendant. The answer in abatement must show that the person is still living. Durgess v. Abbott, lHill, 477; Indiana v. Woram, 6 id. 33; Stephen on Pleading (Heard’s ed.), 47. It must show knowledge.in the plaintiff. Ffeio York Dry Doelc Go. v. Treadwell, 19 Wend. 525. It must give the names of all primarily liable, alleging that there are no others. Mechanic^ do F. Bank v. Dakin, 24 Wend. 411; Wigánd v. Sichel, 3 Keyes, 121; Ilavoks v.…
1Opinion of the CourtCole, C. J.
The appellant brought this action to recover damages for injuries sustained while driving along one of the streets of the defendant city. The allegation in the *320complaint, which was sustained by the proof, was that his buggy was upset by coming in contact with a mound or pile of dirt in tfre street, which was dangerous to travelers. The city answered the general denial, and further, in substance, that the mound or pile of dirt which caused the injury was placed in the street, without its knowledge or consent, bjr one Joseph Keseberg, a resident of the city and the owner of lots fronting and…
2Cases cited6 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Hincks v. City of MilwaukeeWisconsin Supreme Court · 1879
- Amos v. City of Fond du LacWisconsin Supreme Court · 1879
- Freeman v. CarpenterWisconsin Supreme Court · 1863
- McFarlane v. City of MilwaukeeWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Holl v. City of MerrillWisconsin Supreme Court · 1947
- Toutloff v. City of Green BayWisconsin Supreme Court · 1895
- Stephens v. WheelerWisconsin Supreme Court · 1927
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.