Emil Schulze v. Hilbert S. Kleeber Et Al.
WI.158 , 103 N.W.2d 560, 2d 540 (1960)(10 Wis)
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Descrição da editora
On March 27, 1959, Emil Schulze brought an action for damages for personal injuries against Hilbert S. Kleeber and Virgil
C. LeMoine. Schulze is a resident of the city of Reedsburg; Kleeber is the mayor, and LeMoine a city police officer. Schulze's
alleged injuries occurred on the evening of August 25, 1958. A meeting and public hearing before the city council was in process
in the council chamber, and Schulze fell, or was thrown to the sidewalk just outside the council chamber after being ejected
from it by LeMoine. LeMoine acted at the direction of the mayor. The council was in the process of considering a proposal to change the zoning of several residential lots so as to permit
the construction of oil storage tanks thereon. Schulze and others opposed the measure. After the meeting had progressed for
a time, Schulze addressed the mayor, and the mayor, after being advised by the city attorney that he had power to do so, called
LeMoine in and directed him to remove Schulze. LeMoine, who weighed 278 pounds, laid hold of Schulze, who was 74 years of
age, and pushed or carried him five to ten feet to the door. Outside the door, there was a sloping platform, about 26 inches
deep, and a step, 11 inches deep, led to the sidewalk. The two men landed on the sidewalk, Schulze first, and LeMoine second.