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KUNZ v. WAUWATOSA

6 Wis.2d 652 (1959)

KUNZ, by Guardian ad litem, and another, Respondents, v. CITY of WAUWATOSA, Defendant: BEYER, Defendant and Appellant.

Supreme Court of Wisconsin.

April 7, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by D. J. Regan of Milwaukee.

For the respondents there was a brief by John J. Gehringer and James W. Lane, both of Milwaukee, and oral argument by Mr. Gehringer.

For the defendant city of Wauwatosa there was a brief by Milton F. Burmaster, city attorney, attorney, and Herbert L. Mount of Milwaukee of counsel, and oral argument by Mr. Mount.

FAIRCHILD, J.

The evidence shows that soil was probably washing off Beyer's steep lawn embankment at a greater rate than if the lawn had been better kept. It also appears that the accumulation of mud on the sidewalk was north of the raised block. The sidewalk sloped downward toward the south and, had the raised block not been an obstruction, there presumably would have been no accumulation of mud. The evidence shows that the raised block had been observed in late...

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