Janet M. Plesko Et Al. v. Allied

Demurrer to a separate cause of action for failure to state facts sufficient to constitute a cause of action. It was alleged in the third cause of action, separately stated in the complaint, that Mrs. Plesko was injured May 22, 1956,
when an elm tree fell upon the automobile which she was driving on North Cass street in the city of Milwaukee; that the tree
stood in the area between the public sidewalk and the curb, immediately in front of premises owned by defendant, Allied Investment
Company; that for a substantial period before the accident, the tree was in a diseased and rotted condition, and unsafe and
dangerous for users of the street and the sidewalk and the area between; that Allied Investment Company created and maintained
a nuisance consisting of the tree in the diseased and rotted condition, and that it had repeated actual notice and knowledge
of the existence of the nuisance and the danger, and refused to abate or correct it. Similar allegations were made with respect
to the defendant city of Milwaukee.