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KIELPINSKI v. TOMARO CONTRACTORS

11 Wis.2d 53 (1960)

KIELPINSKI, Plaintiff and Appellant, v. TOMARO CONTRACTORS, INC., Defendant: CITY OF MILWAUKEE, Defendant and Respondent.

Supreme Court of Wisconsin.

June 28, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Phillips, Phillips, Hoffman & Lay, and oral argument by Bertram J. Hoffman and Stewart G. Honeck, all of Milwaukee.

For the respondent there was a brief by Walter J. Mattison, city attorney, and F. Ryan Duffy, Jr., assistant city attorney, and oral argument by Mr. Duffy.

BROADFOOT, J.

The grounds advanced by the city in support of its motion for summary judgment were insufficient and the trial court was correct in refusing to grant summary judgment thereon.

The city did not adopt the correct procedure. The complaint is based upon allegations of negligence. It does not plead violation of sec. 81.15, Stats., referring to defective streets and sidewalks, nor does it allege a nuisance...

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