Kelley v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Tbis action was commenced before a justice of the peace, and a judgment rendered for the plaintiff.
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APPEAL from tbe County Court of Milwaukee County. Tbis action was commenced before a justice of the peace, and a judgment rendered for the plaintiff. On appeal to the county court, the facts alleged in the complaint haying been proven, the jury, under the direction of the court, returned a verdict for the defendant; and judgment was rendered accordingly, from which the plaintiff appealed. argued that the running at large of swine is a nuisance at the common law, citing 3 Blacks. Comm., 216-7; 1 Hawkins P. 0., 360 ; Mayor do., of Baltimore v. Marriott, 9 Md., 178; 2 Whart. Crim. Law (5th Ed.),…
1Opinion of the Court
By the Court,
PAINE, J.
The plaintiff in this action seeks to hold the city of Milwaukee liable for damages done by a hog which was running at large in the streets, and entered the plaintiff’s premises and injured some clothes. The reasoning upon which the liability is attempted to be maintained, is that the city has power, under its charter, “ to restrain the running at large of cattle, swine, sheep, poultry and geese,” and also “ to abate nuisances,” and that by reason of neglecting to pass any ordinance to restrain hogs from running at large, it became liable for all damages that they might…
2Cases cited2 opinions
- Gosselink v. CampbellSupreme Court of Iowa · 1856
- Goodrich v. City of ChicagoIllinois Supreme Court · 1858
3Cited by19 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
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