Hei v. City of Durand

The sole question presented by this appeal is whether an abutting property owner is liable for injuries resulting from the dangerous condition of a sidewalk *103which was caused by the natural growth of the roots of a tree located on his property.

The applicable statutes are secs. 81.15 and 81.17.1

The case was submitted to the court on stipulated facts. The stipulation provided that at all times material to the action the county was in control and occupancy of the property abutting the sidewalk; that the county owned and maintained a large shade tree immediately adjacent to the sidewalk; that for…