Hales v. City of Wauwatosa

The judgment of the circuit court must be reversed, and that of the civil court reinstated.

The action is founded on sec. 81.15, Stats., the material part of which provides:

“If damages happen to any person or his property by reason of the insufficiency or want of repairs of any highway which any town, city, or village is bound to keep in repair, the person sustaining such damages shall have a right to recover the same from such town, city, or village . . .” up to a maximum of $5,000.

While the terms of the statute suggest absolute liability, it is established by decisions of this court that an…