Treps v. City of Racine

The judgment appealed from is based on the court’s finding that the city of Racine (“city”) was negligent as a matter of law, and the jury finding that the plaintiff, John J. Treps, was not contributorily negligent. The case arose out of an accident in which Treps stepped into an open hole in the pavement of a parking lot in a city park, breaking his ankle. Damages were assessed at a total of $21,907.71, and are not at issue on this appeal. The principal issue on appeal is whether the trial court erred in taking the issue of the city’s negligence from the jury. The city contends that the…