McCHAIN v. FOND DU LAC


7 Wis.2d 286 (1959)

McCHAIN, Appellant, v. CITY OF FOND DU LAC, Respondent.

Supreme Court of Wisconsin.

May 5, 1959.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by A. D. Sutherland of Fond du Lac.

For the respondent there was a brief and oral argument by Frederick K. Foster, city attorney, attorney, and Kenneth E. Worthing of Fond du Lac of counsel.


HALLOWS, J.

The question to decide on appeal is whether or not there is an issuable question of fact which should be tried by a jury. The appellant argues that there is an issue of fact (1) as to the depth of the depression and the surrounding circumstances, and (2) whether the depression was made at the time the sidewalk was laid or whether the depression was caused by the subsequent sinking of the metal box. The affidavit in support of the motion states the depression...

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