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FLAMINGO v. WAUKESHA

262 Wis. 219 (1952)

FLAMINGO, Special Administrator, Appellant, vs. CITY OF WAUKESHA, Respondent.

Supreme Court of Wisconsin.

October 7, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by James D'Amato and Ray J. Aiken, both of Waukesha, and oral argument by Mr. D'Amato.

William G. Callow, attorney, and Richard S. Hippenmeyer of counsel, both of Waukesha, for the respondent.

BROWN, J.

It is well settled that the maintenance of streets and highways in a condition fit for travel is a governmental function. Bruhnke v. La Crosse (1914), 155 Wis. 485, 144 N. W. 1100; Stoehr v. Red Springs (1928), 195 Wis. 399, 216 N. W. 487, 219 N. W. 98; Larsen v. Kewaunee County (1932), 209 Wis. 204, 244 N. W. 578. It is also a governmental function for a city to maintain a dump for the disposal of unwanted material.

"While diversity...

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