Nemet v. City of Kenosha
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: Geoege Thompson, Judge. Plaintiff brings this action to recover damages for the death of her son by drowning at or near a municipal bathing beach iq the city of Kenosha.
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Appeal from a judgment of the circuit court for Kenosha county: Geoege Thompson, Judge. Plaintiff brings this action to recover damages for the death of her son by drowning at or near a municipal bathing beach iq the city of Kenosha. Omitting formal matters and matters not material to this appeal, the facts are briefly as follows: Steve Nemet, a man twenty-three years of age, went with a companion to a private bathing beach on the shore of Lake Michigan, where they procured bathing suits. To the south of the private bathing beach was the bath house and bathing beach maintained by the city of…
1Opinion of the CourtRosenberry, J.
There was ample- evidence to sustain the verdict of the jury and the judgment of the court if the verdict supports the judgment and if the city under the circumstances is liable.
The defendant’s claim is that a municipal corporation is not liable in the performance of a governmental function for the negligence of its officers and agents. It is the settled law of this state that the city, in the maintenance of the bath house and bathing beach in question, was acting in its governmental and not in its proprietary capacity. Bernstein v. Milwaukee, 158 Wis. 576, 149 N. W. 382; Piper v. Madison,…
2Cases cited5 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
- Piper v. City of MadisowWisconsin Supreme Court · 1909
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
- State Journal Printing Co. v. City of MadisonWisconsin Supreme Court · 1912
3Cited by21 opinions
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- Burton v. Salt Lake CityUtah Supreme Court · 1926
- Erickson v. Village of West SalemWisconsin Supreme Court · 1931
- Gensch v. City of MilwaukeeWisconsin Supreme Court · 1922
- Virovatz v. City of CudahyWisconsin Supreme Court · 1933
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