Goodson v. City of Racine

The sole issue presented on this appeal is whether the trial court erred in overruling the defendant’s demurrer.

The defendant contends that since, pursuant to sec. 29.68, Stats., 1 an owner of property is not liable for in juries sustained on its property absent allegations and proof of a wilful or malicious failure to guard or warn against a dangerous condition, and since the municipality is an owner of property within sec. 29.68 that the defendant’s demurrer should have been sustained and the complaint dismissed for failure to state a cause of action in that no allegation of wilful or…