Meyer v. Carman

On November 5, 1951, Eugene Meyer, then fourteen years of age, while on the premises of the Hawthorne junior high school, fell from a five-foot retaining wall immediately adjacent to the sidewalk of Portland avenue in Wauwatosa and sustained the injuries complained of. Plaintiffs brought this action against the school-board members in their individual capacity.

The question presented on this appeal is whether the plaintiffs have the right to recover from the defendants individually for failure to erect and maintain guardrails or other safety devices on the retaining wall. In determining that…