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LAFFEY v. CITY OF MILWAUKEE

4 Wis.2d 111 (1958)

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

Supreme Court of Wisconsin.

May 6, 1958.

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 by Laurence Collins, attorney, and H. O. Wolfe and Wolfe, O'Leary & Kenney of counsel, all of Milwaukee, and oral argument by Mr. H. O. Wolfe and Mr. Collins.

WINGERT, J.

In our opinion the demurrer to the complaint was properly overruled.

1. Cause of action under sec. 81.15, Stats. The complaint sufficiently states a case under sec. 81.15, Stats. That statute provides that "if damages happen to any person . . . by reason of the insufficiency or want of repairs of any highway which any . . . city . . . is bound to keep in repair, the person sustaining such damages shall have a right to recover the same from...

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