STIPPICH v. MILWAUKEE


34 Wis.2d 260 (1967)

STIPPICH, Appellant, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

April 11, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Maurice Weinstein of Milwaukee.

For the respondent there were briefs by John J. Fleming, city attorney, and George A. Bowman, Jr., assistant city attorney, and oral argument by Mr. Bowman.

A brief anima curiae was filed by Julian Bradbury of Madison, legal counsel for the League of Wisconsin Municipalities.


HALLOWS, J.

The city grounded its defense solely upon the proposition its liability is limited by sec. 81.15, Stats.,1 to an insufficiency or want of repair in the sidewalk existing for a period of three weeks and a mere slippery condition resulting from a natural accumulation of snow and ice in winter, in the absence of an underlying defect which would otherwise be actionable, did not satisfy the statute. Prior to our decision in Holytz...

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