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BATSON v. NICHOLS

258 Wis. 356 (1951)

BATSON, Appellant, vs. NICHOLS, Respondent.

Supreme Court of Wisconsin.

February 6, 1951.

Attorney(s) appearing for the Case

N. Paley Phillips, attorney, and Irving D. Gaines of counsel, both of Milwaukee, for the appellant.

For the respondent there was a brief by Bendinger, Hayes & Kluwin, attorneys, and Bernard J. Hankin of counsel, all of Milwaukee, and oral argument by Mr. Hankin.

BROWN, J.

Plaintiff's amended complaint alleged that he was a tenant in a rooming house owned and operated by either one or both of the defendants, Catherine Nichols and Monica Nichols, but whether both of them owned and operated it or, if only one did so, which one that is, he is unable to determine: that on August 11, 1947, he fell through a hole in the floor of the hall of the rooming house and was injured; that the house is a public building as defined by statute...

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