Benware v. Town of Pine Valley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. This is an action by husband and wife to recover damages for personal injury to the wife, alleged to have been caused by a defect in a sidewalk in an unincorporated village of the defendant town.
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APPEAL from the Circuit Court for Clark County. This is an action by husband and wife to recover damages for personal injury to the wife, alleged to have been caused by a defect in a sidewalk in an unincorporated village of the defendant town. The answer was a general denial, except as to certain formal parts of the complaint. -On the trial the defendant’s objection to any evidence under the complaint was sustained by tbe court, and judgment was thereupon rendered against the plaintiffs, from which they appealed. The case is further stated in the opinion.
1Opinion of the CourtCassoday, J.
The giving of the notice of the injury, and of the time and place where it occurred, is alleged in the complaint, as required by section 1339, R. S. In addition to such notice, the statute also provides that “ no action upon any claim or cause of action for which a money judgment only is demandable, shall be maintained against any town, unless a statement of such claim shall have been filed with the town clerk, to be laid before the town board of audit, nor until ten days after the next annual town meeting thereafter.” Section 824, R. S.
Is this section applicable to the case at bar? It first…
2Cases cited11 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Kellogg v. Supervisors of Winnebago CountyWisconsin Supreme Court · 1877
- James v. City of PortageWisconsin Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Wentworth v. Town of SummitWisconsin Supreme Court · 1884
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