Pittenger v. Town of Hamilton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Crosse County. The amended complaint alleges, in effect, that for a long time prior to March 6, 1890, the sidewalk described had been in a dangerous and defective condition, and that several weeks prior to said date, in patching up said sidewalk, a board or plank had been placed lengthwise and along the top of the outside stringer, to nail the planks of said side-wTalk to; that said plank so laid lengthwise and along said stringer…
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APPEAL from tbe Circuit Court for La Crosse County. The amended complaint alleges, in effect, that for a long time prior to March 6, 1890, the sidewalk described had been in a dangerous and defective condition, and that several weeks prior to said date, in patching up said sidewalk, a board or plank had been placed lengthwise and along the top of the outside stringer, to nail the planks of said side-wTalk to; that said plank so laid lengthwise and along said stringer projected some inches outside of said stringer and outside of the ends of the sidewalk planks, and in the exposed portion…
1Opinion of the CourtCassoday, J.
In view of the issue presented by the pleadings, as mentioned in the foregoing statement, it is claimed that the trial court committed an error in charging the jury *358that “ so far as the liability of the town is concerned, I do not see as there is much difference — or any difference, perhaps — whether the board was fast to the sidewalk or not. It was not in the line of the sidewalk, and a person going across the street in the way this young lady is represented to have gone would be, for anything that I can see, just as liable to get hurt on a nail in one position as in the other. So I do not…
2Cases cited1 opinion
- Fitzgerald v. City of BerlinWisconsin Supreme Court · 1885
3Cited by4 opinions
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Steeno v. WolffWisconsin Supreme Court · 1961
- Radichel v. Village of KendallWisconsin Supreme Court · 1904
- Rea v. City of Sioux CitySupreme Court of Iowa · 1905