Laffey v. City of Milwaukee

In our opinion the demurrer to the complaint was properly overruled.

1. Cause of action under sec. 81.15, Stats. The complaint sufficiently states a case under sec. 81.15, Stats. That statute provides that “if damages happen to any person ... by reason of the insufficiency or want of repairs of any highway which any . . . city ... is bound to keep in repair, the person sustaining such damages shall have a right to recover the same from such . . . city . . . ,” upon giving a prescribed notice to the city within thirty days after the accident; but “no action shall be maintained to recover…