Dolan v. City of Milwaukee

• Decision Date: 08 January 1895
• Citation: 61 N.W. 564,89 Wis. 497
• Parties: DOLAN v. CITY OF MILWAUKEE.
• Court: Wisconsin Supreme Court

89 Wis. 497

61 N.W. 564

DOLAN

v.CITY OF MILWAUKEE.

Supreme Court of Wisconsin.

Jan. 8, 1895.

Appeal from circuit court, Milwaukee county; D. H. Johnson, Judge.

Action by John D. Dolan against the city of Milwaukee. There was a judgment for defendant, and plaintiff appeals. Affirmed.

This action is to recover damages for personal injuries sustained by the plaintiff, January 23, 1881, by reason of an alleged defective sidewalk. The answer consists of admissions and denials, and an allegation of contributory negligence. At the close of the trial the court directed a verdict in favor of the defendant, for the reason that the notice given failed to describe the defect in the sidewalk, which had been proved upon the trial. From the judgment entered upon the verdict so directed the plaintiff brings this appeal.Henry L. Buxton, for appellant.

C. H. Hamilton, City Atty., and C. E. Estabrook, for respondent.

CASSODAY, J. (after stating the facts).

It appears from the record that at the times mentioned Greenbush street ran north and south; that Oregon street ran east and west across Greenbush street; that one block south of Oregon street was Florida street, running across Greenbush street and parallel to Oregon street; that from Florida street to the north side of Oregon street was about 300 feet; that a railroad track ran northeasterly and southwesterly crossed Greenbush street about half way between Oregon street and Florida street. The complaint describes the sidewalk as being on the east side of Greenbush street, and running from the north line of Oregon street south, for a distance of about 150 feet; that the defect was an elevation of 16 inches, covered with ice and snow, near the north end of that sidewalk. The notice of the defect and injury, dated April 22, 1881, described the defect as an elevation in the sidewalk on the east side of Greenbush street, very near the southeast corner of Oregon and Greenbush streets; that the injury occurred as he was stepping from Oregon street onto that sidewalk; that the second notice located the defect about 150 feet north of Florida street, and states that its insufficiency consisted in having the north end of the sidewalk about 16 inches above the roadbed and ground around it immediately north of said sidewalk at the point where the plaintiff fell. The evidence locates the defect from 112 to 160 feet north of Florida street, and from 12 to 16 feet south of the railway track, and that the defect...