McFarlane v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action to recover damages for the neglect of the defendant city to keep one of its streets in repair, by reason whereof the plaintiff, while passing along such street, was thrown from his carriage and greatly injured.
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APPEAL from tbe County Court of Milwaukee County. Action to recover damages for the neglect of the defendant city to keep one of its streets in repair, by reason whereof the plaintiff, while passing along such street, was thrown from his carriage and greatly injured. The action was commenced in May, 1880, and it appears from the complaint that the injury was received on the 5th of April, 1874. The defendant city demurred to the complaint, on the grounds, 1. That it did not state facts sufficient to constitute a cause of action. » 2. That the action was not commenced within the time limited by…
1Opinion of the CourtTayuoe, J.
This action was commenced under the provisions of section 1, subch. VII, ch. 184, Laws of 1874, which reads as follows:
“ Section 1. Whenever any injury shall happen to persons or property in said city of Milwaukee, by reason of any defect or incumbrance of any street, sidewalk, alley or public ground, or from any other cause for which the said city would be liable, and such defect, incumbrance or other cause of such injury shall arise from or be produced by the wrong, default dr negligence of any person or corporation, such person or corporation so guilty of such wrong, default or negligence,…
2Cases cited5 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Day v. ElmoreWisconsin Supreme Court · 1856
- Hincks v. City of MilwaukeeWisconsin Supreme Court · 1879
- Dyer v. GibsonWisconsin Supreme Court · 1863
- French v. MarshWisconsin Supreme Court · 1872
3Cited by7 opinions
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Toutloff v. City of Green BayWisconsin Supreme Court · 1895
- Raymond v. City of SheboyganWisconsin Supreme Court · 1887
- Raymond v. City of SheboyganWisconsin Supreme Court · 1890
- Schaefer v. City of Fond du LacWisconsin Supreme Court · 1899
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