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BARBER v. OSHKOSH

35 Wis.2d 751 (1967)

BARBER, Respondent, v. CITY OF OSHKOSH, Appellant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Klueter, Larson & MacKenzie of Wausau, and oral argument by H. R. Klueter.

For the respondent there was a brief by Thompson, Thompson & Grant of Oshkosh, and oral argument by Andrew C. Thompson.

WILKIE, J.

The sole issue presented on this appeal is whether, as a matter of law, the apportionment of negligence to the defendant city is greater than the negligence of the plaintiff.

We think not. Both parties admit negligence, the plaintiff because of her failure to make an efficient observation; the defendant, because of the hazardous condition the city allowed to exist. It was a bright clear day and the stones...

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