Little v. City of Madison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. The plaintiff appealed from an order sustaining a demurrer to'his complaint as not stating a cause of action. The substance of the complaint is stated in the opinion.
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APPEAL from the Circuit Court for Bane County. The plaintiff appealed from an order sustaining a demurrer to'his complaint as not stating a cause of action. The substance of the complaint is stated in the opinion. They contended, 1. That the city was liable under the statute (E. S., ch. 19, secs. 120,126) for injuries caused by the insufficiency or want of repair of a street; that this provision applied to the space outside of the traveled road and within the highway limits, the city being bound to keep the whole highway clear of anything that can jeopardize the safety of the traveling public…
1Opinion of the CourtCole, J.
The sole question in this case relates to the sufficiency of the complaint. Omitting the formal parts, the complaint states, in substance, that on- or about the 15th day of July, 1876, the defendant, its agents, servants and employees, knowingly, negligently and carelessly allowed State street to become incumbered and obstructed by an exhibition of wild animals upon the same, to wit, two large cinnamon-colored bears; that said exhibition, so authorized, permitted and sanctioned by the defendant, its agents, etc., was calculated to obstruct and incumber the streets, to frighten teams, and to…
2Cited by28 opinions
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Landau v. . City of New YorkNew York Court of Appeals · 1904
- Faulkner v. City of AuroraIndiana Supreme Court · 1882
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