Schaffer v. City of Fond du Lac
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Eond du Lac county: N. S. Gilsoe, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by a defective street in the city of Fond dm Lao. The date of the injury was June 25,1895. The defective character of the street grew out of the manner in which the street-car track was originally constructed, and' was maintained, in the street in question.
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Appeals from a judgment of the circuit court for Eond du Lac county: N. S. Gilsoe, Circuit Judge. Action to recover compensation for personal injuries alleged to have been caused by a defective street in the city of Fond dm Lao. The date of the injury was June 25,1895. The defective character of the street grew out of the manner in which the street-car track was originally constructed, and' was maintained, in the street in question. The Eond du Lac Light, Power & Eailway Company constructed the track,, owned it till the 28th day of December, 1894, and operated the railway up to and inclusive…
1Opinion of the CourtMarshall, J.
At the outset, the question of the liability •of Elihu Colman is of paramount importance. It stands without question on the record that he was the owner of the street-car track at the time of the injury complained of, and had been such for several months prior thereto; that the defective condition of the street existed when he purchased the property; that he then knew of the facts; that the railway company occupied and used the property the same after such purchase as before, but pursuant to an option to buy it back, the particulars of which option were not testified to. The learned circuit…
2Cases cited14 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Swords v. . EdgarNew York Court of Appeals · 1874
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
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3Cited by15 opinions
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- Flood v. Pabst Brewing Co.Wisconsin Supreme Court · 1914
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