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FALK v. WHITEWATER

No. 226.

65 Wis.2d 83 (1974)

221 N.W.2d 915

FALK, by Guardian ad litem, and another, Respondents, v. CITY OF WHITEWATER, Defendant: PECK, Appellant.

Supreme Court of Wisconsin.

Decided October 1, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Godfrey, Neshek, Worth & Howarth, S. C., all of Elkhorn, and for the respondent on the brief of Phil Elliott, Jr., of West Allis.

Submitted under sec. (Rule) 251.54 September 10, 1974.

BEILFUSS, J.

The issue is—do the facts alleged in the amended complaint state a cause of action for negligence?

The specific contention of appellant Peck on this appeal is that the quoted portions of the complaint do not support a cause of action for negligence "because the making of a fist in and of itself is an intentional act, and that any further act resulting therefrom is likewise...

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