Hausmann v. City of Madison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. They contended, inter alia, that if ice or snow is suffered to remain upon a sidewalk in such uneven and rounded form that a person cannot walk over it,1 using due care, without danger of falling, it constitutes a defect for which the city is liable. Cook v. Milwaukee, 24 Wis. 270 ; Paulson v. Pelican,.79 id. 448. Whether the sidewalk was defective or not was a question for the jury.
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APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. They contended, inter alia, that if ice or snow is suffered to remain upon a sidewalk in such uneven and rounded form that a person cannot walk over it,1 using due care, without danger of falling, it constitutes a defect for which the city is liable. Cook v. Milwaukee, 24 Wis. 270 ; Paulson v. Pelican,.79 id. 448. Whether the sidewalk was defective or not was a question for the jury. Draper v. Ironton, 42 Wis. 696; Benedict v. Fond du Lac, 44 id. 496; Prideaux v. Mineral Point, 43 id. 513; Ward v. Jefferson, 24…
1Opinion of the CourtOetoN, J.
This action is brought to recover damages for a personal injury to the plaintiff, caused by the defective condition and want of repair of a sidewalk of said city. At the close of the testimony for the plaintiff the circuit court granted a nonsuit on the motion of the defendant. The grounds of the motion were that there was no negligence on the part of the city shown, and that there was contributory negligence on the part of the plaintiff shown by the evidence. Of course, either one or the other of these grounds, sustained by clear and satisfactory testimony, would be sufficient to justify the…
2Cases cited7 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- City of Quincy v. BarkerIllinois Supreme Court · 1876
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
- Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Adlington v. City of ViroquaWisconsin Supreme Court · 1914
- Murphy v. Herold Co.Wisconsin Supreme Court · 1909
- Beaton v. City of MilwaukeeWisconsin Supreme Court · 1897
- Devine v. City of Fond du LacWisconsin Supreme Court · 1902
- Dapper v. City of MilwaukeeWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.