FRANCKE v. WEST BEND


12 Wis.2d 574 (1961)

FRANCKE, Appellant, v. CITY OF WEST BEND, Respondent.

Supreme Court of Wisconsin.

February 7, 1961.


Attorney(s) appearing for the Case

For the appellant there was a brief by Marth & Marth of West Bend, and oral argument by William J. Marth.

For the respondent there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Stephen M. O'Meara.


BROADFOOT, J.

Apparently the plaintiff argued before the circuit court that the city was engaged in a proprietary function when maintaining a drain or sewer and that it would be liable for a nuisance created and maintained when engaged in such proprietary capacity. The only allegation in the complaint as to the activity of the employees of the city just prior to the time of the accident is that they were engaged in removing...

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