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CLAUSEN v. ECKSTEIN

7 Wis.2d 409 (1959)

CLAUSEN, Appellant, v. ECKSTEIN and another, Respondents.

Supreme Court of Wisconsin.

June 2, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief by Mann & Hayes, attorneys, and William F. Hayes of counsel, all of Ripon, and oral argument by William F. Hayes and by William A. Ritchay of Milwaukee.

For the respondents there was a brief by McLeod, Donohue & Colwin of Fond du Lac, and oral argument by Joseph D. Donohue.

BROWN, J.

The city engineer is a municipal officer whose duties involve discretion and judgment. The affidavits supporting Carter's motion for summary judgment show without dispute that Carter did not have the ministerial duty of placing warning signs or lights at the excavation and dirt pile. Such duties were those of someone else,—Potter. The rule governing liability of public officers is given in Meyer v. Carman (1955), 271 Wis. 329...

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