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BECKER v. LA CROSSE

9 Wis.2d 540 (1960)

BECKER, Respondent, v. CITY OF LA CROSSE, Appellant.

Supreme Court of Wisconsin.

March 8, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John K. Flanagan, city attorney, and William J. Sauer, assistant city attorney.

For the respondent there was a brief by Hale, Skemp, Hanson, Schnurrer & Sheehan of La Crosse, and oral argument by T. H. Skemp.

FAIRCHILD, J.

In order for the city to have been entitled to summary judgment, the evidentiary facts set out in its affidavits must have established a defense sufficient to defeat the plaintiff. Even then, summary judgment was not to be granted if plaintiff showed facts which the court deemed sufficient to entitle plaintiff to a trial. Sec. 270.635(2), Stats.

1. Whether defect was nonactionable as a matter of law. The city argues that its affidavits...

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