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DUSEK v. PIERCE COUNTY

No. 225.

42 Wis.2d 498 (1969)

167 N.W.2d 246

DUSEK, Appellant, v. PIERCE COUNTY, Respondent: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant: TOWN OF CLIFTON, Impleaded Defendant.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Gaylord & Lindsay of River Falls, and oral argument by R. W. Lindsay.

For the respondent there was a brief by Robert J. Richardson, district attorney of Pierce county, attorney, and John W. Fetzner and Gwin, Fetzner, Richards & Skow of counsel, all of Hudson, and oral argument by Mr. Richardson and Mr. John W. Fetzner.

HEFFERNAN, J.

On this appeal the plaintiff agrees that the trial judge would be correct if the action were in fact brought under sec. 81.15, Stats., which governs the bringing of actions against municipalities by reason of the "insufficiency" or "want of repair" of any highway which the town was bound to keep in repair. He acknowledges that the statute in that event requires actual written notice.

Plaintiff bases his argument on this court's decision in

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