Legal Opinion

Garske v. Town of Ridgeville

Wisconsin Supreme Court

Decided January 10, 1905PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Monroe county: J. J. Fettit, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff by reason of an alleged defective highway June 2, 1902. The complaint is in the usual form in such cases. The answer consists of admissions, denials and counter allegations of contributory negligence.

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Appeal from a judgment of the circuit court for Monroe county: J. J. Fettit, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff by reason of an alleged defective highway June 2, 1902. The complaint is in the usual form in such cases. The answer consists of admissions, denials and counter allegations of contributory negligence. At the close of the trial the jury returned a verdict in favor of plaintiff, and assessed his damages at $400. From the judgment entered thereon in favor of the plaintiff, the defendant brings this appeal.

1Opinion of the Court

Cassoday, O. J.

1. One of the sharply controverted questions was whether the notice in writing prescribed by sec. 1339, Stats. 1898, was made ánd served as therein required within thirty days after the injury. It appears that on application of the plaintiff, and on or about June 20, 1902, the witness Newhouse, a justice of the. peace, wrote a notice which, as he thought, fulfilled the requirements of that section of the statute, and the same, was signed by the plaintiff, but he kept no copy of it, and which notice, it is claimed, was ■served as required by the statute. Against objection, the…

2Cases cited24 opinions

  1. Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
  2. Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
  3. Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
  4. Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
  5. Franklin Bank v. CooperSupreme Judicial Court of Maine · 1853

19 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hamilton v. ReinemannWisconsin Supreme Court · 1940
  2. City of Wynnewood v. CoxSupreme Court of Oklahoma · 1912
  3. Chicago, R. I. & P. Ry. Co. v. FoltzSupreme Court of Oklahoma · 1916
  4. Barlow v. Salt Lake & U. R.Utah Supreme Court · 1920
  5. Bell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919

4 more not listed; retrieve them via the Exa API.

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