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BENDORF v. DARLINGTON

31 Wis.2d 570 (1966)

BENDORF, Special Administrator, and another, Appellants, v. CITY OF DARLINGTON, Respondent.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by McDaniel & Reinoehl and Frank D. Hamilton, attorneys, and Roger J. Mueller of counsel, all of Dodgeville, and oral argument by Mr. D. F. Reinoehl and Mr. Mueller.

For the respondent there was a brief by Roberts, Boardman, Suhr & Curry, and oral argument by Kenneth T. McCormick, Jr., all of Madison.

BEILFUSS, J.

The plaintiffs contend that it was error to grant summary judgment dismissing the action as to the city of Darlington because there was an issue of fact as to (1) whether the barrier was erected on a part of a state highway, and (2) whether the barrier was erected and maintained "in such manner as shall most effectively safeguard the children from accidents." The plaintiffs

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