Westler v. City of Milwaukee

The only argument originally made by the city on this appeal was based on McCormick v. Racine (1938), 227 Wis. 33, 277 N. W. 646, to the effect that since the difference in the height of the slabs was less than 2% inches and the other deviations were extremely nominal no defect existed as a matter of law and its motion for a directed verdict should have been granted. The respondents argued the judgment should be affirmed because no artificial rule of inches existed to determine a sidewalk defect and the condition of the sidewalk constituted a want of repair because of an abrupt step up of 2%6…