Forbus v. City of La Crosse

It is undisputed that there had been holes within this intersection. Two days before the accident they were filled with crushed rock, but the repairs were washed out because of traffic action and precipitation which occurred over a number of hours. Holes reappeared. Their size is not shown in the affidavits except that the street superintendent called them “small.” The alleged fact that there was a depression deep enough for the undercarriage of an automobile to strike a manhole cover was not specifically controverted.

The city’s theory is that it has established that there were no holes eight…