City not Liable for Certain Defects in Public Street.
Milwaukee City Charter § 20-17
in effect20-17. City not Liable for Certain Defects in Public Street.
1. WHEN CAUSED BY ANOTHER. Whenever any injury shall happen to persons or property in the said city of Milwaukee, by reason of any defect or incumbrance of any street, sidewalk, alley or public ground, or from any other cause, for which the said city would be liable; and such defect, incumbrance or other cause of such injury shall arise from or be produced by the wrong, default or negligence of any person or corporation, such person or corporation so guilty of such wrong, default or negligence, shall be primarily liable for all damages for such injury; and the said city shall not be liable therefor until after all legal remedies shall have been exhausted to collect such damages from such person or corporation. (S. 1, Subch. 20, Ch. 184, L. 1874.)
2. SECONDARY LIABILITY. Whenever any injury shall happen to person or property in said city of Milwaukee, at any place in said city where work of any kind or nature is being done in or on any street or sidewalk by any person or party under contract with said city, or with the commissioner of public works, in the name of the city, in consequence of any neglect or default of such person or party in doing such work or improperly fencing or otherwise guarding such street or sidewalk to prevent accident while such work is going on, such person or party doing such work and guilty of such neglect or default shall be primarily liable for all damages for such injury, and the said city shall not be liable therefor until after all legal remedies shall have been exhausted to collect such damages from such person or party so primarily liable. (S. 56, Ch. 324, L. 1882.)
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/City-Charter/CH20.pdf#page=8Fetched: 10/26/2026