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FORBUS v. LA CROSSE

21 Wis.2d 171 (1963)

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

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

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

For the respondent there was a brief by Bosshard, Arneson & Sundet and Patrick R. Doyle, all of La Crosse, and oral argument by Philip, G. Arneson.

FAIRCHILD, J.

It is undisputed that there had been holes within this intersection. Two days before the accident they were filled with crushed rock, but the repairs were washed out because of traffic action and precipitation which occurred over a number of hours. Holes reappeared. Their size is not shown in the affidavits except that the street superintendent called them "small." The alleged fact that there was a depression deep enough for the undercarriage of an automobile...

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