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HOLSCHBACH v. WASHINGTON PARK MANOR

No. 04-1307.

280 Wis.2d 264 (2005)

2005 WI App 55

694 N.W.2d 492

James V. HOLSCHBACH, Plaintiff-Appellant, v. WASHINGTON PARK MANOR and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 23, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jordan P. Blad of Alpert & Fellows, LLP, of Manitowoc.

On behalf of the defendants-respondents, the cause was submitted on the brief of William R. Wick and Kristy A. Christensen of Nash, Spindler, Grimstad & McCracken LLP of Manitowoc.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

This case involves an issue that has arisen numerous times in Wisconsin case law, namely, whether an injured plaintiff who has slipped and fallen on an icy public sidewalk may sue the owner of the property abutting the walk for not alleviating that condition. The law is that when a properly working downspout built in the ordinary and usual manner discharges water upon the property and such water finds...

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