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WESTLER v. MILWAUKEE

34 Wis.2d 272 (1967)

WESTLER and another, Respondents, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and Herbert F. Sonnenberg, assistant city attorney, and oral argument by Mr. Sonnenberg.

For the respondents there were briefs by Warshafsky & Rotter, attorneys, and Merton N. Rotter of counsel, all of Milwaukee, and oral argument by Ted Warshafsky.

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

HALLOWS, J.

The only argument originally made by the city on this appeal was based on McCormick v. Racine (1938), 227 Wis. 33, 277 N. W. 646, to the effect that since the difference in the height of the slabs was less than 2 3/8 inches and the other deviations were extremely nominal no defect existed as a matter of law and its motion for a directed verdict should have been granted. The respondents argued the judgment should be affirmed because no artificial...

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