Jolliffe v. Village of East Troy

The demurrer admits the material facts alleged in the complaint. It appears, then, that this fire occurred before July 15, 1962, the effective date of the decision of Holytz v. Milwaukee (1962), 17 Wis. (2d) 26, 115 N. W (2d) 618, whereby the immunity of municipalities to liability for the negligent acts of its employees was abolished.

While the village cannot be held to respond in damages for the negligent acts of its agents and employees committed before the Holytz Case, that case has no effect upon the liability of a municipality for nuisance. Before Holytz the law imposes liability upon a…