Srnka v. Joint District No. 3
Wisconsin Supreme Court
Appeal from an order of the circuit court for Kewaunee county: Henry Graass, Circuit Judge. The trial court sustained a demurrer to the complaint. The complaint alleged, in substance, that the defendants, municipal corporations, owned and maintained a public-school building for public-school purposes in which the minor plaintiff was a pupil.
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Appeal from an order of the circuit court for Kewaunee county: Henry Graass, Circuit Judge. The trial court sustained a demurrer to the complaint. The complaint alleged, in substance, that the defendants, municipal corporations, owned and maintained a public-school building for public-school purposes in which the minor plaintiff was a pupil. “That it was the legal duty of the defendants to keep and maintain said school building so as to render the same safe and free from danger to the life, health, and safety and welfare of employees and frequenters and the public, and to maintain said…
1Opinion of the CourtEsci-iweiler, J.
It is frankly conceded by plaintiff that there is no common-law liability here, the defendants being engaged in what has been repeatedly recognized as a governmental function, and for their negligence or that of their servants in the performance of such function or duty there arises no liability therefor on the part of such municipal corporations to any person thereby injured. Juul v. School Dist. 168 Wis. 111, 113, 169 N. W. 309.
It is contended, however, that liability is here sustained by reason of the provisions of secs. 2394 — 48 and 2394 — 49, Stats., the material parts whereof read as…
2Cases cited2 opinions
- Juul v. School District of ManitowocWisconsin Supreme Court · 1918
- State ex rel. School District No. 8 v. CaryWisconsin Supreme Court · 1917
3Cited by4 opinions
- Heiden v. City of MilwaukeeWisconsin Supreme Court · 1937
- Sullivan v. School District No. 1 of the City of TomahWisconsin Supreme Court · 1923
- Farmer v. Poultney School DistrictSupreme Court of Vermont · 1943
- Rusk Farm Drainage District v. Industrial CommissionWisconsin Supreme Court · 1925