HOEPNER v. EAU CLAIRE


264 Wis. 608 (1953)

HOEPNER, Appellant, vs. CITY OF EAU CLAIRE, Respondent.

Supreme Court of Wisconsin.

October 6, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frank L. Morrow of Eau Claire.

For the respondent there was a brief by James C. Herrick, Ramsdell, King & Carroll, and David F. Nordstrom, all of Eau Claire, and oral argument by Mr. Herrick.


CURRIE, J.

Counsel for plaintiff contend that the defendant city is liable in this action both under the safe-place statute and under principles of common-law negligence. With respect to the claimed liability under the safe-place statute, the argument is advanced that the ball-playing field was both a "place of employment" and a "public building" within the provisions of sec. 101.06, Stats., which provides as follows:

"Every employer shall furnish...

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