TROBAUGH v. MILWAUKEE


265 Wis. 475 (1953)

TROBAUGH, Appellant, vs. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Andrew W. Brunhart and Robert L. Kintzler, both of Milwaukee.

For the respondent there was a brief by Walter J. Mattison, city attorney, Arthur Saltzstein and Ewald L. Moerke, Jr., assistant city attorneys, and oral argument by Mr. Saltzstein and Mr. Moerke.


CURRIE, J.

The following issues are presented on this appeal:

(1) Do ruts three to five inches in depth and approximately six inches in width worn in a natural accumulation of ice and snow which has formed on a public sidewalk crossing an alley, which ruts result from traffic using the alley, constitute such a defect under the provisions of sec. 81.15, Stats., as to permit a municipality to be held liable in damages to a pedestrian whose foot slips into such...

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