BALL v. CITY OF MADISON


1 Wis.2d 62 (1957)

BALL, by Guardian ad litem, and others, Respondents, vs. CITY OF MADISON, Appellant.

Supreme Court of Wisconsin.

May 7, 1957.


Attorney(s) appearing for the Case

For the appellant there was a brief by Harold E. Hanson, city attorney, and Alton S. Heassler, assistant city attorney, and oral argument by Mr. Heassler.

For the respondents there was a brief by Roberts, Roe, Boardman, Suhr & Bjork, and oral argument by Robert L. Curry, all of Madison.


MARTIN, C. J.

In our opinion this case is largely ruled by Cegelski v. Green Bay (1939), 231 Wis. 89, 93, 285 N. W. 343, where this court held:

"... the instant [toboggan] slide was in no sense a building or a structure. The slide followed the natural slope of the hill. The only allegation of the complaint having any relation to anything other than mere smoothing and keeping smooth and covered with ice or snow the surface of the ground and banking the...

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