Legal Opinion

Alft v. City of Clintonville

Wisconsin Supreme Court

Decided December 12, 1905PublishedCited by 5 opinions

Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action is brought to recover damages for personal injury sustained by the plaintiff, June 20, 1901, by reason of an alleged defective sidewalk at the particular point described.

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Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action is brought to recover damages for personal injury sustained by the plaintiff, June 20, 1901, by reason of an alleged defective sidewalk at the particular point described. Tbe description of tbe alleged defect, in tbe complaint, is to tbe effect that tbe walk was ont of repair and insufficient, in that tbe planks of which it was built were rotten, broken, and defective; tbat tbe stringers upon wbicb said planks rested were so rotten and decayed tbat tbey could not bold a nail, and tbe…

1Opinion of the Court

Cassoday, C. I.

1. .The principal- error complained of consists in overruling the demurrer to the complaint with leave to the defendant to answer upon payment of $10 costs, and in the same order allowing the plaintiff to amend her “complaint by striking out thereof the word Thereafter’ . . . and to insert in lieu thereof the words ‘prior thereto,’ ” as mentioned in the foregoing statement. Of course, if such original complaint failed to state a cause of action, the demurrer should have been sustained, with leave to the plaintiff to amend her complaint on payment of costs. So ,the question…

2Cases cited10 opinions

  1. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  2. Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
  3. Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  4. Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
  5. Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  2. Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
  3. Roedler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
  4. Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928
  5. Brown v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912

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