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WALLEY v. PATAKE

271 Wis. 530 (1956)

WALLEY and wife, Appellants, vs. PATAKE, Respondent.

Supreme Court of Wisconsin.

January 10, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Harvey & Harvey, attorneys, and Helm, Myers & Gillett of counsel, all of Racine, and oral argument by Samuel P. Myers and Richard G. Harvey, Jr.

For the respondent there was a brief and oral argument by Vilas H. Whaley, attorney, and L. P. Baumblatt of counsel, both of Racine.

STEINLE, J.

The first question presented for determination is whether the complaint states a cause of action in negligence. The charge asserted in the complaint is that there was negligence on the part of the defendants in that they permitted a heavy accumulation of ice and snow to gather upon the walk, and had permitted such condition to exist for about three or four weeks previous to the injury; and further that, sometime prior to the injury, a steep slope of ice...

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