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SAMBS v. NOWAK

No. 231.

47 Wis.2d 158 (1970)

177 N.W.2d 144

SAMBS, by Guardian ad litem, Plaintiff and Respondent, v. NOWAK and another, Defendants and Respondents: CITY OF BROOKFIELD, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hippenmeyer, Reilly, Fritz & Arenz of Waukesha, and oral argument by Richard S. Hippenmeyer.

For the respondent Raymond J. Sambs there was a brief by V. John Burggraf and Wickert & Fuhrman, attorneys, and Aaron Belongia of counsel, all of Milwaukee, and oral argument by Mr. Belongia.

WILKIE, J.

Several issues are raised by the city's appeal. They are:

1. Was the plaintiff's "notice of claim" sufficient to meet the requirements of sec. 62.25, Stats.?

2. Is the city estopped from requiring compliance with sec. 62.25, Stats.?

3. Is the allegation that the city, by acquiring liability insurance, rendered sec. 62.25, Stats., ineffective, a new claim barred by the statute of limitations?

4. Did the city, by acquiring...

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