NIEDFELT v. JOINT SCHOOL DIST.


23 Wis.2d 641 (1964)

NIEDFELT, by Guardian ad litem, and another, Appellants, v. JOINT SCHOOL DISTRICT NO. 1 OF CITY OF VIROQUA, etc., Respondent.

Supreme Court of Wisconsin.

April 28, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

For the respondent there was a brief by Schlintz & Gulbrandsen of Viroqua, and Johns, Pappas & Flaherty of La Crosse, and oral argument by Daniel T. Flaherty.


GORDON, J.

The trial court sustained the demurrer to the complaint. There are three separate theories upon which the appellants seek to have the order reversed, and they will be discussed seriatim.

1. An Extension of Holytz v. Milwaukee.

Since the accident in question occurred before July 15, 1962, the defense of sovereign immunity as it existed before Holytz v. Milwaukee (1962),

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