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SMITH v. CITY OF JEFFERSON

8 Wis.2d 378 (1959)

SMITH, Guardian ad litem, Appellant, v. CITY OF JEFFERSON, Respondent. [Two cases.]

Supreme Court of Wisconsin.

November 3, 1959.

Attorney(s) appearing for the Case

For the appellant Richard C. Smith, guardian ad litem, there was a brief by Dempsey & Robinson of Whitewater, and oral argument by Clark Dempsey.

For the appellant Walter Smith there was a brief by Dempsey & Robinson of Whitewater, and oral argument by Clark Dempsey.

For the respondent there was a brief and oral argument by Frank M. Coyne of Madison, and Francis J. Garity of Jefferson.

CURRIE, J.

Counsel for the plaintiffs contend that the allegations of the complaint are sufficient to spell out a cause of action on any one of the following four theories:

(1) Attractive nuisance.

(2) Actual nuisance.

(3) Liability under sec. 81.15, Stats., for a sidewalk defect.

(4) Liability under sec. 270.58, Stats., for negligent acts performed in good faith by a city officer.

Attractive Nuisance.

The liability...

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