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HOWARD v. VILLAGE OF ELM GROVE

No. 75-630.

80 Wis.2d 33 (1977)

257 N.W.2d 850

HOWARD, Plaintiff-Appellant, v. VILLAGE OF ELM GROVE, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided October 4, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James G. Howard and Binder, Zirbel & Howard of Milwaukee.

For the respondents the cause was submitted on the brief of H. J. Sanville of Elm Grove.

HANLEY, J.

The sole issue to be determined on this appeal is whether, by reason of disputed facts or inconsistent inferences raised in the affidavits of the parties, the plaintiff was entitled to a trial on the merits.

[1, 2]

It is well established that summary judgment is a drastic remedy which should be used only when there are no substantial issues of fact to be tried and when there are no...

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