Beaudette v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond ctu Lae County. Action by husband and wife for injuries to the wife, resulting from a defective sidewalk iá the defendant city. Tlie complaint does not allege tliat any notice, snch. as is described in ch. 86, Laws of 1875, was given to any officer of the city.* The defendant demurred to the complaint as not stating a cause of action; and appealed from an order overruling the demurrer.
Read the full summary
APPEAL from the Circuit Court for Fond ctu Lae County. Action by husband and wife for injuries to the wife, resulting from a defective sidewalk iá the defendant city. Tlie complaint does not allege tliat any notice, snch. as is described in ch. 86, Laws of 1875, was given to any officer of the city.* The defendant demurred to the complaint as not stating a cause of action; and appealed from an order overruling the demurrer. Eor the appellant it was argued, that “the word town’ may be construed to include all cities, wards, or districts, unless such construction would be repugnant to the…
1Opinion of the CourtRyan, C. J.
Kittredge v. Milwaukee, 26 Wis., 46, holds see. 120, ch. 19, R. S., applicable to the city of Milwaukee, upon the ground that sec. 126 of the chapter extends its provisions to all parts of the state, where there are not special and inconsistent provisions, and that there are no special and inconsistent provisions in the charter of that city. And it is now claimed, on the authority of that case, that ch. 86 of 1875, being quasi an amendment of sec. 120, governs the liability of cities under that section. We should think so too, if ch. 86 were not in terms inapplicable to cities.
It requires, as…
2Cases cited1 opinion
- Kittredge v. City of MilwaukeeWisconsin Supreme Court · 1870
3Cited by2 opinions
- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
- New York & New Jersey Telephone Co. v. Inhabitants of East OrangeNew Jersey Court of Chancery · 1887