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ROGERS v. OCONOMOWOC

24 Wis.2d 308 (1964)

ROGERS, by Guardian ad litem, Appellant, v. CITY OF OCONOMOWOC and another, Respondents.

Supreme Court of Wisconsin.

June 5, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Morrissy, Morrissy, Sweet & Stowe of Elkhorn, and oral argument by Ralph R. Stowe.

For the respondent city of Oconomowoc there was a brief by Patrick Snyder, city attorney, and Hippenmeyer & Reilly of Oconomowoc, and oral argument by Richard S. Hippenmeyer.

For the respondent William Houtz there was a brief by Lowry, Hunter & Tikalsky of Waukesha, and oral argument by Richard N. Hunter.

FAIRCHILD, J.

The circuit court ruled that the safe-place statute was inapplicable, and refused to submit questions to the jury upon a safe-place theory. Plaintiff challenges this ruling upon appeal. The circuit court reserved a ruling on defendants' motions for directed verdict, and submitted the question whether they were negligent with respect to giving warning of the depth of the water. Apparently the negligence of the city was considered a possible issue because...

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