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PAGELSDORF v. SAFECO INS. CO. OF AMERICA

No. 76-229.

91 Wis.2d 734 (1979)

284 N.W.2d 55

PAGELSDORF, and wife, Plaintiffs-Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided October 9, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Larry B. Brueggeman, Virginia M. Antoine and Goldberg, Previant & Uelmen, S.C., of Milwaukee.

For the respondents the cause was submitted on the briefs of Douglas J. Carroll and Arnold, Murray, O'Neill & Schimmel of Milwaukee.

WILLIAM G. CALLOW, J.

We dispose of this appeal by addressing the single issue of the scope of a landlord's duty toward his tenant's invitee who is injured as a result of defective premises. Abrogating the landlord's general cloak of immunity at common law, we hold that a landlord must exercise ordinary care toward his tenant and others on the premises with permission.

The defendant Richard J. Mahnke owned a two-story, two-family duplex. There were four balcony...

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