Legal Opinion

Gagan v. City of Janesville

Wisconsin Supreme Court

Decided April 27, 1900PublishedCited by 10 opinions

Appeals from a judgment and an order of the circuit-court for Walworth county: Fbank M. Fish, Circuit Judge. An action for personal injury claimed to have been suffered by the plaintiff upon a defective sidewalk of the defendant city on May 15, 1895. The notice served on the city on August 13,1895, and the complaint described the de-feet as consisting of “ a missing board or plank from the sidewalk "or footway, which caused a deep hole and depression in said sidewalk,…

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Appeals from a judgment and an order of the circuit-court for Walworth county: Fbank M. Fish, Circuit Judge. An action for personal injury claimed to have been suffered by the plaintiff upon a defective sidewalk of the defendant city on May 15, 1895. The notice served on the city on August 13,1895, and the complaint described the de-feet as consisting of “ a missing board or plank from the sidewalk "or footway, which caused a deep hole and depression in said sidewalk, extending about seven feet easterly and westerly along the center of said sidewalk, and about ten inches wide,” and alleges…

1Opinion of the CourtDodge, J.

The plaintiff’s appeal from the order refusing to strike out the bill of exceptions must be dismissed for want of proper certificate from which this court can be assured what records and papers weré relied on by each party on the *665Rearing of said motion. Carpenter v. Shepardson, 43 Vis. 406; Glover v. Wells & M. G. Co. 93 Wis. 13; Hoffman & B. Mfg. Co. v. Burdick, 95 Vis. 342; Tenney v. Madison, 99 Vis. 539; Superior C. L. Co. v. Superior, 104 Vis. 463.

The defendant contends that a verdict should have been directed in its favor for several reasons. Careful reading of plaintiff’s testimony, all…

2Cases cited2 opinions

  1. Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
  2. Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896

3Cited by10 opinions

  1. Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
  2. Jenney Electric Manufacturing Co. v. FlanneryIndiana Court of Appeals · 1912
  3. City of Waco v. LandinghamCourt of Appeals of Texas · 1940
  4. Johanson v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
  5. Harrington v. City of Battle CreekMichigan Supreme Court · 1939

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