Kleiner v. City of Madison

• Decision Date: 20 October 1899
• Citation: 104 Wis. 339,80 N.W. 453
• Parties: KLEINER v. CITY OF MADISON ET AL.
• Court: Wisconsin Supreme Court

104 Wis. 339

80 N.W. 453

KLEINER

v.CITY OF MADISON ET AL.

Supreme Court of Wisconsin.

Oct. 20, 1899.

Appeal from circuit court, Dane county; R. G. Siebecker, Judge.

Action by Mary Kleiner against the city of Madison and others. There was judgment on a verdict directed for all defendants, and from the judgment in favor of the city of Madison plaintiff appeals. Affirmed.Olin & Butler, for appellant.

J. A. Aylward, for respondent.

CASSODAY, C. J.

This action was commenced May 2, 1898, to recover damages sustained by the plaintiff February 17, 1898, at 7 p. m., by falling upon an alleged defective sidewalk in front of the defendants Kaisers' on Pinckney street, in this city. Issue being joined, and trial had, and at the close of the testimony, the court directed a verdict in favor of all the defendants, and from that part of the judgment entered thereon in favor of the city the plaintiff brings this appeal.

It appears from the record, and is undisputed in effect, that the residence of the defendants Kaisers was on the westerly corner of Dayton and Pinckney streets; that a year or two prior to the accident the Kaisers had constructed a granolithic or cement sidewalk, six feet wide, by the side of their premises on Dayton street; that the same was nearly level; that they also constructed the same kind of a sidewalk, six feet wide, in front of their residence on Pinckney street, connecting regularly with the sidewalk on Dayton street, and that the same descended slightly towards the northwest, corresponding with the descent on Pinckney street; that some time prior to the accident, and when the weather was cold, and the sidewalk had become slippery, the Kaisers had an apron laid upon the sidewalk on Pinckney street in front of their house, which had been constructed of pine boards about an inch in thickness laid lengthwise the sidewalk, and fastened to pine cleats which rested upon and laid crosswise the sidewalk; that the boards and cleats together were less than two inches in thickness; that there were three of these sections, with the ends fastened together by cleats; that the end starting on Dayton street came to within two or three feet of the sidewalk on that street; that the plaintiff, who was 54 years of age, started, on the evening of the accident, to go from the Ogden corner to the house of a relative on that street; that in crossing Dayton street the walk was narrow by reason of the snow, and that she walked ahead, and the...