Reports of Cases Argued And Determined in the Supreme Court of ..., volume 49

Cover Reports of Cases Argued And Determined in the Supreme Court of ..., volume 49
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 49
Wisconsin. Supreme Court, Abram Daniel Smith
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aiUe^ p. 264, Mr. Justice Lyon states accurately the ground of that decision, in saying that " the complaint was construed as alleging that the authorities of the city expressly authorized or licensed the exhibition of the bears on State street, knowing the dangerous character of the exhibition." I say in the opinion that the allegations of the complaint show that the agents of the city not only knowingly and carelessly allowed one of its principal streets to become obstructed by an exhibi- tio
...n of wild animals therein, which exhibition was calculated to produce injury to persons lawfully traveling along the street, but that it was averred that such exhibition was au- thorized and sanctioned by the city. By this language was meant that the city expressly authorized the bear show in the street; in other words, granted the license to Carr to exhibit the animals in that place according to the complaint. But it was not intended to affirm the doctrine that the city was liable if its police officers neglected to prevent the owner of the bears from making an improper use of the street for a show ground.

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