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HOENE v. MILWAUKEE

17 Wis.2d 209 (1962)

HOENE and another, Appellants, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

June 29, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Brennan & Brennan of Milwaukee, and oral argument by Joseph K. Brennan.

For the respondent there was a brief by John J. Fleming, city attorney, and Ewald L. Moerke, Jr., and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Moerke and Mr. Odenbrett.

GORDON, J.

The appellants contend that the damage to their real estate abutting West Blue Mound road was caused by the city's failure to construct and repair that street in a manner sufficient to withstand heavy traffic. They argue that the city is liable to them for damages under sec. 81.15, Stats. The city contends that the statute imposes on it a duty only with respect to travelers on the street and does not impose any...

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