INTERSTATE FIRE & CASUALTY CO. v. MILWAUKEE

No. 4.

45 Wis.2d 331 (1970)

173 N.W.2d 187

INTERSTATE FIRE & CASUALTY COMPANY and others, Respondents, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided January 9, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and Thomas E. Hayes and Wallace E. Zdun, assistant city attorneys, and oral argument by Mr. Hayes.

For the respondents there was a brief by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Kenneth M. Kenney.


HANLEY, J.

The principal issue raised on this appeal can be stated as follows: Does sec. 66.091, Stats., place the city within the position of a tort-feasor, thereby requiring the respondents upon payment to their insureds to be subrogated to their insureds' rights against the city?

By demurring to the respondents' complaint, the city of Milwaukee (hereinafter the "appellant") has conceded the truth of all allegations of fact and has challenged only the conclusion...

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