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MUELLER v. CITY OF MILWAUKEE

1 Wis.2d 221 (1957)

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

Supreme Court of Wisconsin.

June 4, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by Walter J. Mattison, city attorney, and Peter M. Stupar, assistant city attorney, and oral argument by Mr. Stupar.

For the respondent there was a brief and oral argument by Jack A. Berland of Milwaukee.

MARTIN, C. J.

At about 10:50 a. m. on February 10, 1954, Mueller was walking south between West Fiebrantz avenue and West Capitol drive along the east sidewalk of North Nineteenth place. He testified that because of the accumulation of melting snow and ice on the sidewalk he walked on an embankment of incrusted ice and snow in the parkway between the sidewalk and curb; that there was a path worn in the embankment which he estimated as approximately six inches high...

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