Harper v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The complaint is to the effect that in July, 1870, the defendant was engaged hy its agents and servants, in laying a sewer in and through Oneida street, one of the public streets and highways therein; that it conducted the work so carelessly and neg: ligently that it totally obstructed the gutter on the north side of said street by quantities of earth and other materials placed in said gutter and street; that by the…
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APPEAL from the County Court of Milwaukee County. The complaint is to the effect that in July, 1870, the defendant was engaged hy its agents and servants, in laying a sewer in and through Oneida street, one of the public streets and highways therein; that it conducted the work so carelessly and neg: ligently that it totally obstructed the gutter on the north side of said street by quantities of earth and other materials placed in said gutter and street; that by the negligence and gross carelessness of the defendant and its agents and servants, such obstructions were allowed to remain for…
1Opinion of the CourtLyon, J.
This action is not founded upon tbe statute which makes a town liable for damages to person or property caused by tbe insufficiency or want of repairs of a highway, and which was held by this court in tbe case or Kittredge v. Milwaukee, 26 Wis., 46, to be applicable to tbe city of Milwaukee. Taylor’s Stats., 513, § 156. Tbe statute only gives an action for damages sustained in using tbe highway for tbe purposes for which a highway may lawfully be used. If tbe highway is not in a reasonably safe condition for travel, and a traveler upon it, who is himself free from negligence, is injured by…
2Cases cited4 opinions
- Dodge v. McDonnellWisconsin Supreme Court · 1861
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Kittredge v. City of MilwaukeeWisconsin Supreme Court · 1870
- Brower v. Mayor of New-YorkNew York Supreme Court · 1848
3Cited by50 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- City of Logansport v. DickIndiana Supreme Court · 1880
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
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