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JASENCZAK v. SCHILL

No. 63.

55 Wis.2d 378 (1972)

198 N.W.2d 369

JASENCZAK, Plaintiff and Respondent (as to Schill), and Appellant (as to City), v. SCHILL, Defendant and Appellant: CITY OF SOUTH MILWAUKEE, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Byrne, Bubolz & Spanagel of Appleton, and oral argument by Edward J. Byrne.

For the plaintiff-respondent there was a brief by Riggins & Siner of South Milwaukee, and oral argument by John P. Siner.

For the defendant-respondent there was a brief and oral argument by C. Donald Straub of Milwaukee.

BEILFUSS, J.

In the appeal brought by the defendant Schill, the controlling issue is whether an abutting owner is liable for injuries resulting from the dangerous condition of a public sidewalk not caused by him or his property.

The legislature has imposed the burden to repair public streets and sidewalks upon the municipalities by these statutes:

"62.14 Board of public works. . . .

"(6) DUTIES AND POWERS. (a) In general.

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