Clausen v. Eckstein

The city engineer is a municipal officer whose duties involve discretion and judgment. The affidavits supporting Carter’s motion for summary judgment show without dispute that Carter did not have the ministerial duty of placing warning signs or lights at the excavation and dirt pile. Such duties were those of someone else, — Potter. The rule governing liability of public officers is given in Meyer v. Carman (1955), 271 Wis. 329, 73 N. W. (2d) 514:

“A public officer who knowingly or negligently fails to do a ministerial act which the law requires him to do may be compelled to respond in damages…