Schwartz v. City of Milwaukee

The plaintiffs argue they have alleged four causes of action, two for Mrs. Schwartz, one under sec. 81.16, Stats., 1 relating to highway defects, and the other under sec. 895.43, 2 relating to general tort liability of a municipality; and similar actions for Mr. Schwartz to recover the medical expenses. The city does not challenge the sufficiency of the allegations under either of these sections but argues sec. 81.15 is more specific and applies only to highways and therefore preempts the field in that respect and therefore sec. 895.43 is not applicable to the facts alleged. Under this…