Hoene v. City of Milwaukee

I respectfully dissent from that part of the court’s opinion which holds that the *218relationship of governor and governed existed between plaintiffs and city with respect to the nuisance which is alleged to have injured plaintiffs’ property.

Before there can be a relationship of governor and governed in a nuisance case the government concerned must be acting in a governmental and not a proprietary function with respect to the injured party. This court held, in Matson v. Dane County (1920), 172 Wis. 522, 179 N. W. 774, and Lloyd v. Chippewa County (1953), 265 Wis. 293, 61 N. W. (2d) 479, 62 N. W.…