Laffey v. City of Milwaukee

The city takes the position that because its fire department was involved and therefore it enjoys governmental immunity from negligence, Laffey cannot rely on negligence as a basis of his cause of action. The city further claims because the condition of the sidewalk existed only a matter of hours the facts are distinguishable from those of Trobaugh v. Milwaukee (1953), 265 Wis. 475, 61 N. W. (2d) 866.

On the first appeal of this case we held that the plaintiff stated a cause of action in negligence under sec. 81.15, Stats., and an accumulation of ice on the sidewalk may constitute an…