Armour v. Wisconsin Gas Co.

The appellant city raises three issues:(1) Is the third-party complaint against the city for contribution barred by sec. 81.17, Stats. ?(2) Does the gas company have a cause of action against the city under the common law?(3) Is the gas company required to file a claim pursuant to sec. 62.25 (1) (a), Stats., before it can commence an action for contribution against the city?

Preliminary to discussing the issues raised, we restate the basic rule that upon a challenge by demurrer all facts well pleaded in the complaint are assumed to be true. Under this assumption it can be said that the city…