Paulson v. Town of Pelican
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Oneida County. The case is sufficiently stated in the opinion. They argued that an accumulation of ice and snow on foot-paths was not a defect for which a town is liable under sec. 1339, R. S. No action would lie therefor at common law.
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APPEAL from tbe Circuit Court for Oneida County. The case is sufficiently stated in the opinion. They argued that an accumulation of ice and snow on foot-paths was not a defect for which a town is liable under sec. 1339, R. S. No action would lie therefor at common law. To require towns to remove elevations and fill depressions caused by the falling and drifting of snow, or its melting and freezing, would be an incalculable burden, which the legislature cannot be presumed to have intended to impose. MeKellar v. Detroit, 51 Mich. 158; Blair v. Minn. (& St. L. li. Co. 34 Minn. 57; Chicago v.…
1Opinion of the CourtOrton, J.
This appeal is from an order overruling the demurrer to the complaint, on the ground that it did not state facts sufficient to recover. The following are the main facts stated in the complaint: The unincorporated village of Rhinelander, of over 1,000 inhabitants, is in the town of Pelican, and county of Oneida, and lawfully governed by the board of supervisors of said town. In said village is Davenport street, the center of which is used for travel by teams and vehicles, and the south side, next to the south line thereof, is used as a sidewalk for foot-travelers. That portion of said street…
2Cases cited7 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Stilling v. Town of ThorpWisconsin Supreme Court · 1882
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
- Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
- Mareck v. City of ChicagoAppellate Court of Illinois · 1900
- Beaton v. City of MilwaukeeWisconsin Supreme Court · 1897
- Smith v. Clayton Construction Co.Wisconsin Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.