Dusek v. Pierce County

On this appeal the plaintiff agrees that the trial judge would be correct if the action were in fact brought under sec. 81.15, Stats., which governs the bringing of actions against municipalities by reason of the “insufficiency” or “want of repair” of any highway which the town was bound to keep in repair. He acknowledges that the statute in that event requires actual written notice.

Plaintiff bases his argument on this court’s decision in Holytz v. Milwaukee (1962), 17 Wis. 2d 26, 115 N. W. 2d 618, which abrogated the doctrine of municipal immunity. He points out that sec. 81.15, Stats., was…