Hennington v. Valuch

The trial court sustained the city’s demurrer for the reason that the defendant had not filed a claim against the city under sec. 62.25, Stats. 1961, 1 and that this barred the defendant from bringing an action for contribution or indemnification against the impleaded municipality.

The city now concedes that this is not a valid reason for sustaining the demurrer.

In a recent federal case, Bosin v. Minneapolis, St. P. & S. S. M. R. Co. (1960), 183 Fed. Supp. 820, the court held that a defendant railroad company, cross-complaining against the city of Fond du Lac for contribution, did not have to…