Keller v. City of Port Washington

Fowler, J."

It is urged that the finding that the icy condition had existed for three weeks is not supported by the evidence, and this is probably correct, but the question is evi-dentiary only, not one of ultimate issuable fact, and the finding is immaterial.

Want of a barrier in a highway where its absence renders a highway unsafe constitutes an actionable defect, and whether its absence renders the highway unsafe is a jury question. Branegan v. Verona, 170 Wis. 137, 174 N. W. 468; Bowen v. Osceola, 185 Wis. 11, 200 N. W. 766.

It is contended that here there is no evidence to show that a…