Baranowski v. City of Milwaukee

When challenged by demurrer, a complaint must be liberally construed in favor of stating a cause of action. The pleading is entitled to all reasonable inferences which can be drawn from the facts alleged. Despite this rule, we conclude the demurrer should have been sustained.

Sec. 895.43, Stats., permits an injured party to bring an action against a political corporation or governmental subdivision, subject to the procedural requirements and limitations set forth in the section, by reason of torts committed by its officers, agents or employees. Sub. (3) 2 of the section provides no action…