Mauch v. City of Hartford
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Washington county: James J. Dioic, Circuit Judge. Action for damages for injuries alleged to have been caused to plaintiff by the unsafe condition of a sidewalk in the defendant city. The insufficiency of the walk alleged was decayed stringers upon which the plank covering of the walk was laid, causing the planks to be loose.
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Appeal from a judgment of the circuit court for Washington county: James J. Dioic, Circuit Judge. Action for damages for injuries alleged to have been caused to plaintiff by the unsafe condition of a sidewalk in the defendant city. The insufficiency of the walk alleged was decayed stringers upon which the plank covering of the walk was laid, causing the planks to be loose. It was claimed that the accident happened by plaintiff stepping upon the end of a loose plank, causing it to fly up and throw her down. The injuries alleged were the breaking of plaintiff’s arm and other injuries. All the…
1Opinion of the CourtMarshall, J.
When plaintiff presented her claim against appellant to its common council for consideration, and thereafter up to and inclusive of the time of the commencement of this action, there was no way for remedying the wrong complained of by judicial proceedings other than the one adopted, that is, by the commencement of an action at law against appellant by the proper service of a summons. There is no question but that, by such service, the court obtained jurisdiction of appellant and of the cause of action stated in the complaint; but it is claimed that, subsequent^, appellant duly adopted and…
2Cases cited21 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Bruce v. BeallTennessee Supreme Court · 1897
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
16 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- State v. MathesonSupreme Court of Iowa · 1905
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
61 more not listed; retrieve them via the Exa API.