[Download] "Schwartz and Husband v. City Milwaukee" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Schwartz and Husband v. City Milwaukee
- Author : Supreme Court of Wisconsin
- Release Date : January 03, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an appeal from an order overruling a demurrer to a complaint seeking damages for personal injuries. The complaint
alleges the plaintiff Josephine Schwartz was injured on April 16, 1966, when the automobile which she was driving collided
with a partially raised span of a bridge on the Sixteenth street viaduct in the city of Milwaukee. As a result, Mrs. Schwartz
received serious injuries and her husband, the plaintiff Joseph Schwartz, incurred considerable medical expenses. The defendant
city of Milwaukee is alleged to be negligent in several respects, including the failure to provide proper warning lights,
other warning devices, and to maintain the viaduct, bridge, and equipment in a proper state of repair in violation of sec.
81.15, Stats. From the overruling of its demurrer, the city appeals. The plaintiffs argue they have alleged four causes of action, two for Mrs. Schwartz, one under sec. 81.15, Stats., 1 relating
to highway defects, and the other under sec. 895.43, 2 relating to general tort liability of a municipality; and similar
actions for Mr. Schwartz to recover the medical expenses. The city does not challenge the sufficiency of the allegations under
either of these sections but argues sec. 81.15 is more specific and applies only to highways and therefore preempts the field
in that respect and therefore sec. 895.43 is not applicable to the facts alleged. Under this theory, only one cause of action
is stated for Mrs. Schwartz, which would have a limitation on recovery of $25,000 as provided in these sections. It is also
argued by the city that Mr. Schwartz' right to recovery is derivative and does not constitute a separate cause of action and
consequently the limit of $25,000 includes his damages as well as those of Mrs. Schwartz.