The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-02-08
New State Law Does Not
Offer Much Chance for
Injured to Get Damages.
Many People Refuse to Take Care of
Walks During Snowy, Icy Weather
and City Is Not Liable Unless Walks
Have Been Icy for Three Weeks.

In view Of the fact that slippery
sidewalk accidents are happening in
Keuosha at all hours of the day and
night, some of them serious, most Of
them expensive and all Of them pain
full, it is deemed proper to advise the
public that great care should be exer,
cised by pedestrians, and particularly
those who cannot aford to be incapa-
citated for work
There is small chance, hardly any
under present circumstances, to recov-
er damages from tbo city. That is the
reason, lawyers say, why 50 few
claims for injuries are being filed
against the city.
There is q distinction, so Ear as the
recovery of damages for injuries IS con
sidered, between falling on o defec-
tive sidewalk, and one made dangerous
by an accumulation Of ice and snow.
In the former case, proof of the de-
feet is very easy, compared to what
must be shown to maintain an action
to recover for an injury sustained on
a slippery walk that is otherwise I'll
right.
Here is the thing that protects the
city, am extract from Section 1889 Of
the Revised Statutes:
No action shall be maintained to
recover damages for injuries sustain
ed by reason of an accumulation cf
snow and ice upon any bridge or high
way, unless such accumulation shall
have existed three weeks.
This provision Of the statute has
been passed upon by the supreme
court in number of cases with the net
result that long line of decisions
show that the claimant must prove the
continuous condition for three week ks,
and the court also says that highway
is street aud sidewalk is part
OF street.
So that there is no chance for re-
covering damages that have been sus-
tanned on slippery sidewalks in Re.
nosha recently.
There has not been continuous"
accumulation of snow and ice for any
three weeks recently and not all win
ter, for that matter. Should side
walk dry off for an hour day or
an hour any day of any three con
secutive weeks, an action for dam
ages would not lie. The accumulation
must have existed continuously, !"
something practically lnheard Of in
the climate Of this section.
The recent freeze-up has been the
most severe in years, but there were
thaws that removed the Accommodations
of ice and snow" for small portions
Of day, which was sufficient to
break the "three weeks" fixed by the
statute.
However, as stated, this does not
apply to many of the treacherous
places where people have been in.
jured in Kenosha.
There are scores of inclines, iron tran
doors and so forth that are extremely
dangerous, especially at night, not be-
cause of any accumulation of ice and
snow, but because of the defective con-
struction of the walk. Patrolmen bass
ard repass these places, creep over
them carefully, but never dream, it ap-
pears, of ordering the correction Of the
condition Sand or cinders or ashes
would do the work, and it is as much
the duty of the police officer to order
this done as it is for him to shoot a
mad dog or remove any other menace
to public safety.
Property owners seem TO be willing
TO let the public take care of itself.
The police seem to be willing to tax
care of themselves alone md the city,
being immune so far as damages are
concerned, is inactive. It was not I'M
til Chief O'Hare sent the policemen
through the down town business dis
trict ten days ago ordering some side
walks be cleaned that any attempt
was made to clean up the walks since
winter set in. This shows not only
the slovenliness but the recklessness
which has resulted in the dangerous
conditions of the walks.
Lost anything valuable? Try a want
nd and get it back.