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NELSON v. MILWAUKEE

No. 179.

57 Wis.2d 166 (1973)

203 N.W.2d 684

NELSON, Appellant, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski.

For the respondent there was a brief by James B. Brennan, city attorney, and Thomas E. Hayes, assistant city attorney, and oral argument by Mr. Hayes.

HANLEY, J.

Two issues are presented on this appeal.

1. Does plaintiff's amended complaint set forth sufficient facts to constitute a cause of action for negligent confinement; and

2. Was it error for the trial court to resort to the allegations contained in plaintiff's first complaint to determine that no valid cause of action was stated in the amended complaint?

In the case of Strong v. Milwaukee (1968), 38 Wis.2d...

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