Firemen's Insurance v. Washburn County

The issues on this appeal are as follows:(1) Is a county, which contracts with the state highway commission pursuant to the provisions of sec. 84.07, Stats.,1 to maintain and repair a state trunk highway, liable for its negligence in failing to properly maintain and repair such highway ?(2) Is a complaint to recover damages against a county, for its negligent repair of a highway, demurrable which alleges the giving of the notice to the county clerk, specified by sec. 81.15, Stats.,2 but fails to allege the filing of a claim *218for such damages which is required by secs. 59.76 3 and 59.77 4 ?

Origi…