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LAFFEY v. MILWAUKEE

8 Wis.2d 467 (1959)

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

Supreme Court of Wisconsin.

December 1, 1959.

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 J. 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.

HALLOWS, J.

The city takes the position that because its fire department was involved and therefore it enjoys governmental immunity from negligence, Laffey cannot rely on negligence as a basis of his cause of action. The city further claims because the condition of the sidewalk existed only a matter of hours the facts are distinguishable from those of Trobaugh v. Milwaukee (1953), 265 Wis. 475, 61 N.W.2d 866.

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