Legal Opinion

Colburn v. Ozaukee County

Wisconsin Supreme Court

Decided June 4, 1968No. 288PublishedCited by 12 opinions

1Opinion of the CourtRobert W. Hansen, J.

The incident or accident on which the claim of county tort liability is based in this case took place after the judicial abrogation in this state of governmental immunity as to torts, 1 but before the legislative setting of maximum damage limits and requirement of notice of injury within one hundred twenty days to the governmental subdivision involved. 2

As to this interim period between the court’s decision (in the Holytz Case) and the legislature’s action (sec. 895.43), we deal with two statutes in interpreting the document filed by plaintiffs with defendant. One provides for a “notice of…

2Cases cited5 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. Pattermann v. City of WhitewaterWisconsin Supreme Court · 1966
  3. Wentworth v. Town of SummitWisconsin Supreme Court · 1884
  4. Smith v. City of JeffersonWisconsin Supreme Court · 1959
  5. LeMay v. City of OcontoWisconsin Supreme Court · 1938

3Cited by12 opinions

  1. Gutter v. SeamandelWisconsin Supreme Court · 1981
  2. Thorp v. Town of LebanonWisconsin Supreme Court · 2000
  3. Schwartz v. City of MilwaukeeWisconsin Supreme Court · 1969
  4. Vanstone v. Town of DelafieldCourt of Appeals of Wisconsin · 1995
  5. Armes v. Kenosha CountyWisconsin Supreme Court · 1977

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