Kernan v. City of Eau Claire

As appears from the preceding statement, the action is brought under sec. 81.15, Stats., to recover damages for injuries to a boy riding a bicycle, who ran into a pile of black-top on the edge of a driveway in a public park maintained by the city, on the theory that the driveway is a public road within the statute cited, which imposes liability on a city for injuries to travelers on a public road therein caused by its insufficiency or want of repair.

It is conceded that in operating a public park the city is performing a governmental function, and that a city is not responsible for injuries…