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03-0357 Gruber v. Village of North Fond du Lac (59734)

By: dmc-admin//September 16, 2003//

03-0357 Gruber v. Village of North Fond du Lac (59734)

By: dmc-admin//September 16, 2003//

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“There must be evidence that something man-made-such as a drainage system design or a downspout-was defective and that the defect caused the icy condition. For example, snow piled high on a curb, while man-made, is not ‘defective’ such that it creates an artificial condition, at least in Wisconsin. [Citation]. Neither is leaving snow on the sidewalk considered to be a man-made ‘defective’ condition rendering it artificial. [Citation]. And where a man-made downspout is properly working and water finds its way from the rear of the building to a sidewalk, the accumulation is not considered artificial because while it was man-made, it was not defective….

“Here, there is no record of any man-made drainage system design. There is only a record of Wisconsin Avenue having a higher elevation than Michigan Avenue such that water flowing from an alley diverted to the east and onto the sidewalk in front of the Hansens’ residence.”

Affirmed.

Recommended for publication in the official reports.

Dist II, Fond du Lac County, Grimm, J., Brown, J.

Attorneys:

For Appellant: Not given

For Respondent: Not given

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