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FIRST NAT. BANK & TRUST CO. v. S. C. JOHNSON & SONS

264 Wis. 404 (1953)

FIRST NATIONAL BANK & TRUST COMPANY OF RACINE, Administrator, Plaintiff and Respondent, vs. S. C. JOHNSON & SONS, INC., Defendant and Appellant: CITY OF RACINE, Defendant and Respondent.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Vilas H. Whaley of Racine.

For the respondent First National Bank & Trust Company of Racine there was a brief by Weisman & Weisman of Racine, and oral argument by J. M. Weisman.

For the respondent city of Racine there was a brief and oral argument by Thomas P. Corbett, city attorney.

BROWN, J.

On its appeal S. C. Johnson & Sons, Inc., contends, first, that the opening in the curb in the middle of the block was not an actionable defect. For authority it relies on Kuchler v. Milwaukee (1917), 165 Wis. 320, 162 N. W. 315. The trial court in that case directed a verdict against a plaintiff who was injured when he stepped into a hole in a curb about three and one-half feet distant from the crosswalk...

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