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FLESCH v. LANCASTER

264 Wis. 234 (1953)

FLESCH, Special Administratrix, Respondent, vs. CITY OF LANCASTER, Appellant.

Supreme Court of Wisconsin.

June 2, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Richard W. Orton of Lancaster.

For the respondent there was a brief by Milton R. Mehlhouse of Lancaster, attorney, and Spohn, Ross, Stevens, Lamb & Pick of Madison of counsel, and oral argument by Mr. James F. Spohn and Mr. Mehlhouse.

BROADFOOT, J.

The general rule is that a municipal corporation is not liable for torts committed in the exercise of governmental functions but that it is liable for torts committed in the exercise of private or proprietary functions. This rule has been limited in some respects by statute and in some respects by decisions of this court. The rule is sufficiently clear to be conceded by both parties. The difficulty lies in the application of the rule to a particular...

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