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DUNWIDDIE v. ROCK COUNTY

28 Wis.2d 568 (1965)

DUNWIDDIE, Respondent, v. ROCK COUNTY, Appellant.

Supreme Court of Wisconsin.

November 2, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Campbell, Brennan, Steil & Ryan and James E. Brennan, all of Janesville, and oral argument by James E. Brennan.

For the respondent there was a brief by Stephens, Bieberstein, Cooper, Bruemmer & Gartzke of Madison, and oral argument by John L. Bruemmer.

HALLOWS, J.

In Holytz v. Milwaukee (1962), 17 Wis.2d 26, 115 N.W.2d 618, this court abolished governmental immunity in tort actions. The present appeal raises the question of the scope and the extent of that decision in its application to counties and state trunk highways. At the outset a question is raised whether the complaint is sufficient to state a cause of action because of the lack of an express allegation of the...

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