Mulcairns v. City of Janesville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Book County. Action to recover damages on account of the death of Thomas Mulcairns, the plaintiff’s intestate, who was killed on the 16th of August, 1881, by the falling of the walls of a cistern in which he was working and which was being constructed by the defendant city for the use of its fire department. The deceased was a common laborer, and at the time of his death was fifty-five years of age.
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APPEAL from the Circuit Court for Book County. Action to recover damages on account of the death of Thomas Mulcairns, the plaintiff’s intestate, who was killed on the 16th of August, 1881, by the falling of the walls of a cistern in which he was working and which was being constructed by the defendant city for the use of its fire department. The deceased was a common laborer, and at the time of his death was fifty-five years of age. He left a widow (the plaintiff herein) and seven minor children. The substance of the pleadings and the evidence given on the trial will sufficiently appear from…
1Opinion of the CourtOetoN, J.
The complaint substantially charges that the city, being authorized so to do, about the 9th day of August, 1884, entered upon the construction of a cistern, for the use of the fire department of said city, for protection against fire; that the city was authorized to and did employ men in the construction of the same, and that about the 16th day of said month said city had made an excavation for said cistern and erected within the same a wall of stone masonry, along the sides of the same, resting upon the bottom of said excavation, about 40 feet long, 10 feet high, 20 *31inches in thickness, and…
2Cases cited6 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Little v. City of MadisonWisconsin Supreme Court · 1880
- Kirst v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
44 more not listed; retrieve them via the Exa API.