JOLLIFFE v. EAST TROY


20 Wis.2d 653 (1963)

JOLLIFFE and another, Respondents, v. VILLAGE OF EAST TROY, Appellant.

Supreme Court of Wisconsin.

October 1, 1963.


Attorney(s) appearing for the Case

For the appellant there was a brief by Kenney, Korf & Pfeil of East Troy, and oral argument by Francis J. Korf.

For the respondents there was a brief and oral argument by John J. Byrnes of Elkhorn.


BROWN, C. J.

The demurrer admits the material facts alleged in the complaint. It appears, then, that this fire occurred before July 15, 1962, the effective date of the decision of Holytz v. Milwaukee (1962), 17 Wis.2d 26, 115 N.W.2d 618, whereby the immunity of municipalities to liability for the negligent acts of its employees was abolished.

While the village cannot be held to respond in damages for the negligent...

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