Bruhnke v. City of La Crosse
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge.- Tbe .appeal is from an order sustaining a.general demurrer to tbe complaint.
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Appeal from an order of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge.- Tbe .appeal is from an order sustaining a.general demurrer to tbe complaint. He contended, inter alia, that the claim, '.being for injuries sustained by reason of a defect in defendant's property which the defendant knew or ought to have known was inherently dangerous, particularly to small children likely to come in contact with it', pertains to defendant’s proprietary functions and not to its governmental functions. Morrison v. Fau Claire, 115 Wis. 538, 544, 545', 92 N. W. 280. In the care and…
1Opinion of the CourtTimliN, J.
The gravamen of the complaint is that tlio city owned and operated certain dump wagons so constructed as to be attractive to children, and dangerous to the children so attracted while the wagon was being dumped. That on April 19, 1912, the city was operating one of these wagons filled with earth and refuse, and the infant plaintiff, five years of age, followed this wagon and came in contact with the chains forming constituent parts of the dumping device, just as one of the employees of the city in charge of the *487.wagon, without notice or warning to the-plaintiff, negligently disengaged tbe…
2Cases cited12 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Mayor of Savannah v. JordanSupreme Court of Georgia · 1914
- Ashbury v. City of NorfolkSupreme Court of Virginia · 1929
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
21 more not listed; retrieve them via the Exa API.