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HOLYTZ v. MILWAUKEE

17 Wis.2d 26 (1962)

HOLYTZ, by Guardian ad litem, and another, Appellants, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

June 5, 1962.

Attorney(s) appearing for the Case

For the appellants there were briefs by Habush, Gillick & Habush, attorneys, and Robert L. Habush of counsel, all of Milwaukee, and oral argument by Robert L. Habush.

For the respondent there was a brief by John J. Fleming, city attorney, and Peter M. Stupar, assistant city attorney, attorneys, and Richard F. Maruszewski, assistant city attorney, of counsel, and oral argument by Mr. Stupar and Mr. Maruszewski.

GORDON, J.

The order of the trial court sustaining the respondent's demurrer to the complaint presents an issue with respect to the tort liability of a municipal corporation. The trial court found that on the facts alleged in the complaint the city was entitled to invoke the defense of municipal tort immunity. The appellants urge that the city may not invoke such defense because (a) the drinking fountain and the water-meter pit trapdoor were created and maintained...

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