Sambs v. Nowak and Another

Plaintiff, by service of a summons and complaint on April 20, 1966, commenced this action to recover damages for personal
injuries. In the complaint, plaintiff alleged that he was injured on February 21, 1965, while a passenger in an automobile
operated by Wayne J. Nowak. The accident occurred on West Lisbon Road in the city of Brookfield. Plaintiff alleged that the
accident occurred by reason of the negligence of Nowak in driving the car and the negligence of the defendant city in failing
to provide proper drainage and keep the street in a safe condition for public travel in that the street ". . . was in a dangerous and unsafe condition for vehicular travel as a result of the insufficiency of construction, want
of repair and maintenance of said W. Lisbon Road, and as a result of the improper and inadequate construction, want of repair
and maintenance of the drainage system for the area contiguous to said highway, resulting in water, from every source, running
and overflowing said highway and unnaturally remaining on and upon said highway. That as a result thereof, an unnatural accumulation
of ice formed on said highway at the place and on the date and at the time of the accident . . . ."