Bernstein v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. TueNek, Circuit Judge. Tbe appeal is from an order sustaining a general demurrer to tbe complaint.
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Appeal from an order of the circuit court for Milwaukee county: W. J. TueNek, Circuit Judge. Tbe appeal is from an order sustaining a general demurrer to tbe complaint. Tbe complaint in substance set forth tbat tbe city of Milwaukee maintained a playground for children, which was divided into two sections, one being designed for children of the age of twelve years or over and the other for those under the age of twelve years; that suitable appliances were placed in each of said sections for the use of children of ■the agos for which they were intended; that a certain appliance placed in the…
1Opinion of the CourtBabNES, J.
It is not alleged in the complaint that the playground was maintained in connection with one of the public schools. Neither is it alleged that the playground was unlawfully maintained. The city of Milwaukee, acting through its school board, might provide for public playgrounds. Sub. 1, sec. 435e, Stats. 1913. Independent of this statute, the city might, under sec. 959 — 17i, maintain *578public playgrounds. In the absence of any allegation to the contrary, we must assume that the city acted under power conferred on it by law in establishing the playground in question.
Its action in so doing was…
2Cases cited10 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Piper v. City of MadisowWisconsin Supreme Court · 1909
- Bruhnke v. City of La CrosseWisconsin Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Gebhardt v. Village of Lagrange ParkIllinois Supreme Court · 1933
- Emmons v. City of VirginiaSupreme Court of Minnesota · 1922
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- City of Kokomo v. LoyIndiana Supreme Court · 1916
27 more not listed; retrieve them via the Exa API.