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TREPS v. RACINE

No. 736 (1974).

73 Wis.2d 611 (1976)

243 N.W.2d 520

TREPS, Plaintiff-Respondent, v. CITY OF RACINE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 12, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by Edward A. Krenzke, city attorney, and William F. Bock, deputy city attorney, and oral argument by William F. Bock.

For the respondent there was a brief by Donald C. Fellows and Wolfe, O'Leary, Kenney & Wolfe of Milwaukee, and oral argument by Donald C. Fellows.

DAY, J.

The judgment appealed from is based on the court's finding that the city of Racine ("city") was negligent as a matter of law, and the jury finding that the plaintiff, John J. Treps, was not contributorily negligent. The case arose out of an accident in which Treps stepped into an open hole in the pavement of a parking lot in a city park, breaking his ankle. Damages were assessed at a total of $21,907.71, and are not at issue

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