WOHLLEBEN v. PARK FALLS


23 Wis.2d 362 (1964)

WOHLLEBEN, General Guardian, and others, Appellants, v. CITY OF PARK FALLS and another, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Donald G. Olson and John W. Slaby, both of Phillips.

For the respondents there was a brief by O'Melia & Kaye of Rhinelander, for the city of Park Falls, and Powell, Sprowls & Gee of Superior, for Joint School District No. 2, and oral argument by Walter F. Kaye and Robert H. Gee.


GORDON, J.

Because the injuries in this case occurred prior to the effective date of Holytz v. Milwaukee (1962), 17 Wis.2d 26, 115 N.W.2d 618, the defendants have the protection of governmental immunity. It therefore becomes necessary for us to determine what we have referred to as the "elusive issue" of governmental function versus proprietary function (see Holytz Case, p. 29).

The instant case is governed...

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