Calvert v. City of Appleton

The following opinion was filed April 3, 1928:

Doerfler, J.

The action, it is alleged, is not brought under the provisions of sec. 81.15 of the Statutes (formerly sec. 1339), but the liability in the complaint is predicated upon the theory that the pipe was placed in the sidewalk by *237the city in connection with its waterworks system, and that it constitutes an obstruction and a nuisance; that it was unnecessary to comply with the provisions of sec. 81.15, Stats., as to notice; and that, the city having created the alleged obstruction, no notice for a sufficient length of time prior to the injury…