Cooper v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. This action was brought against the city of Milwaukee, Stedman S. Newton, and Alvah Eemington to recover damages for personal injuries sustained by the plaintiff by reason of falling into a coal hole in the sidewalk at No. 1247 Einnickinnic avenue, opposite the premises owned by said Newton, and occupied by said Eemington as a grocery store and living apartments, under a lease…
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. This action was brought against the city of Milwaukee, Stedman S. Newton, and Alvah Eemington to recover damages for personal injuries sustained by the plaintiff by reason of falling into a coal hole in the sidewalk at No. 1247 Einnickinnic avenue, opposite the premises owned by said Newton, and occupied by said Eemington as a grocery store and living apartments, under a lease thereof. It was alleged and shown, in substance, that the sidewalk opposite the premises was between nine and ten feet in…
1Opinion of the CourtPiNNEY, J.
The question whether the court erred to the prejudice of the defendant city in granting judgment of nonsuit against the plaintiff in favor of the defendant Newton is not before the court for consideration on the appeal of the defendant city from the judgment rendered against it in favor of the plaintiff. There has been no appeal taken from the judgment of nonsuit rendered in favor of the defendant Newton. The court cannot, on the present appeal, enter upon the question whether the separate judgment rendered in favor of the defendant Newton was erroneous or not.
In the absence of actual or…
2Cases cited2 opinions
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
3Cited by7 opinions
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- City of Lincoln v. PirnerNebraska Supreme Court · 1900
- Whitty v. City of OshkoshWisconsin Supreme Court · 1900
- Jones v. City of Sioux FallsSouth Dakota Supreme Court · 1904
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