Legal Opinion

Watson v. City of Appleton

Wisconsin Supreme Court

Decided February 3, 1885PublishedCited by 19 opinions

APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in the circuit court May 18, 1881, for personal injury sustained by the plaintiff March 12, 1879, by reason of a defective sidewalk in the defendant city.

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APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in the circuit court May 18, 1881, for personal injury sustained by the plaintiff March 12, 1879, by reason of a defective sidewalk in the defendant city. The complaint is in the usual form, and, among other things, alleges that on March lé, 1879, the alderman of the ward in which the accident occurred, the mayor and clerk of the city, each received personal notice of the accident and injury received; that on June 7,1879, the plaintiff duly filed her claim or demand…

1Opinion of the CourtCassoday, J.

In Sheet v. Appleton, 49 Wis. 125, the plaintiff’s claim was never presented to the common council, and, of course, never allowed nor disallowed. In that case there was no question made on the pleadings, and no exception taken to the admission or exclusion of any evidence. The only errors assigned in the printed brief related to the charge of the court and the refusal to give certain instructions. On the oral argument it was urged for the first time that the circuit court had no jurisdiction, by reason of the failure of the plaintiffs to present their claim to the common council of the city.…

2Cases cited15 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. StateWisconsin Supreme Court · 1881
  2. Sheel v. City of AppletonWisconsin Supreme Court · 1880
  3. Wentworth v. Town of SummitWisconsin Supreme Court · 1884
  4. Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
  5. Moritz v. SplittWisconsin Supreme Court · 1882

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3Cited by19 opinions

  1. Hay v. City of BarabooWisconsin Supreme Court · 1906
  2. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  3. Mason v. City of AshlandWisconsin Supreme Court · 1898
  4. Boorman v. Juneau CountyWisconsin Supreme Court · 1890
  5. Hart v. GodkinWisconsin Supreme Court · 1904

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