Racine Water Co. v. City of Racine
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eacine county: Feank M. Fish, Circuit Judge. The action is to recover from the defendant city a sum which was due to the plaintiff for the rental of certain hydrants, by the terms of an ordinance of the city, by which the right to construct and operate a system of waterworks for the city had been granted. There was no denial of the indebtedness claimed.
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Appeal from a judgment of the circuit court for Eacine county: Feank M. Fish, Circuit Judge. The action is to recover from the defendant city a sum which was due to the plaintiff for the rental of certain hydrants, by the terms of an ordinance of the city, by which the right to construct and operate a system of waterworks for the city had been granted. There was no denial of the indebtedness claimed. But the claim was attempted to be obviated by a defense in the nature of a counterclaim, by which it was alleged that by the terms of the aforesaid ordinance it was the duty of the plaintiff to…
1Opinion of the CourtNewham, J.
In the absence of negligence, no ground of' plaintiff’s liability for the city’s loss is suggested. The issue made by the pleadings and tried was the negligence of the plaintiff in the construction and supervision of its works. The issue was found, by the trial court, in favor of the plaintiff. The testimony bearing upon the issue is voluminous, and cannot be reviewed in detail with profit. It is sufficient to say that it looks both ways. Apparently there is sufficient to support a finding of the issue in favor of either party. It cannot be said that the finding is without support in the…
2Cases cited1 opinion
- Momsen v. PlankintonWisconsin Supreme Court · 1897
3Cited by3 opinions
- Cunningham v. BrictsonWisconsin Supreme Court · 1898
- Zoesch v. ThielmanWisconsin Supreme Court · 1899
- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924