Marine National Exchange Bank v. City of Milwaukee

The only question raised by the city on this demurrer is whether upon the facts alleged in the complaint the trustee's cause of action is barred by the statute of limitations, sec. 330.19 (3), Stats.

The complaint alleges that the dock wall commenced to fail in April, 1940, after which negotiations were had with the board, and on or about April 15, 1940, by and with the approval and consent of said board, plaintiff caused the pressure from the land side of the dock wall to be released by removing approximately seventy-five cubic yards of backfill at the point where movement into the river was…