De Baere v. Town of Oconto

The appellant cannot recover in this case of the respondent because of the negligence of the driver of the wagon if it was engaged in the care and maintenance of *379highways as a governmental function at the time of the injury; or, unless as is claimed, that by the method of performing the work the town created a nuisance. The complaint alleges the town “knew the use of a load of gravel as a play-house for children was a dangerous trap, especially attractive to children.” But there is no evidence of a defect in the highway for which the town could be held responsible, and the suggestion of an…