Legal Opinion
Niedfelt v. Joint School District No. 1 of City of Viroqua
Wisconsin Supreme Court
Decided April 28, 1964PublishedCited by 15 opinions
1Opinion of the CourtGordon, J.
The trial court sustained the demurrer to the complaint. There are three separate theories upon which the appellants seek to have the order reversed, and they will be discussed seriatim.
1. An Extension of Holyts v. Milwaukee.
Since the accident in question occurred before July IS, 1962, the defense of sovereign immunity as it existed before Holyts v. Milwaukee (1962), 17 Wis. (2d) 26, 115 N. W. (2d) 618, is available to the defendants. In the trial court it was claimed that the defendants could be held liable for having maintained a nuisance. However, this theory of recovery is unavailing to…
2Cases cited14 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Heiden v. City of MilwaukeeWisconsin Supreme Court · 1937
- Sullivan v. School District No. 1 of the City of TomahWisconsin Supreme Court · 1923
- Marshall v. City of Green BayWisconsin Supreme Court · 1963
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gonzalez Ex Rel. Bichler v. City of FranklinWisconsin Supreme Court · 1987
- Harmann Ex Rel. Bertz v. HadleyWisconsin Supreme Court · 1986
- Sambs v. City of BrookfieldWisconsin Supreme Court · 1975
- Ruppa v. American States InsuranceWisconsin Supreme Court · 1979
- Barry v. Employers Mutual Casualty Co.Wisconsin Supreme Court · 2001
10 more not listed; retrieve them via the Exa API.