Legal Opinion

Kunz v. City of Wauwatosa

Wisconsin Supreme Court

Decided April 7, 1959PublishedCited by 5 opinions

1Opinion of the CourtFairchild, J.

The evidence shows that soil was probably washing off Beyer’s steep lawn embankment at a greater rate than if the lawn had been better kept. It also appears that the accumulation of mud on the sidewalk was north of the raised block. The sidewalk sloped downward toward the south and, had the raised block not been an obstruction, there presumably would have been no accumulation of mud. The evidence shows that the raised block had been observed in late 1955, but the only testimony as to the presence of mud before the accident gave no indication of when it had been observed. The jury evidently…

2Cases cited8 opinions

  1. Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
  2. Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
  3. Walley v. PatakeWisconsin Supreme Court · 1956
  4. Heims v. HankeWisconsin Supreme Court · 1958
  5. Smith v. Congregation of St. RoseWisconsin Supreme Court · 1953

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Milwaukee Metropolitan Sewerage District v. City of MilwaukeeWisconsin Supreme Court · 2005
  2. Peppas v. City of MilwaukeeWisconsin Supreme Court · 1966
  3. Corpron v. Safer Foods, Inc.Wisconsin Supreme Court · 1964
  4. Milwaukee Metropolitan Sewerage District v. City of MilwaukeeWisconsin Supreme Court · 2005
  5. Peppas v. City of MilwaukeeWisconsin Supreme Court · 1966

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