Bendorf v. City of Darlington

The plaintiffs contend that it was error to grant summary judgment dismissing the action as to the city of Darlington because there was an issue of fact as to (1) whether the barrier was erected on a part of a state highway, and (2) whether the barrier was erected and maintained “in such manner as shall most effectively safeguard the children from accidents.” The plaintiffs also assert that the statute does not grant immunity to the city as distinguished from the members of the council.

The statute clearly provides that a city or village may set aside and barricade streets “that are not a part…