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WISCONSIN BRIDGE & IRON CO. v. INDUSTRIAL COMM.

268 Wis. 314 (1954)

WISCONSIN BRIDGE & IRON COMPANY and another, Appellants, vs. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

December 7, 1954.

Attorney(s) appearing for the Case

For the appellants there was a brief by Fred R. Wright and Gold & McCann, all of Milwaukee, and oral argument by Ray T. McCann.

For the respondent Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.

For the respondent Alan Bentley there was a brief by Padway, Goldberg & Previant of Milwaukee, and oral argument by Albert J. Goldberg.

MARTIN, J.

Appellants challenge the validity of Safety Order No. 3534 as setting a standard stricter than that authorized by statute.

In sec. 101.06, Stats., the legislature has defined the employer's duty as follows:

"Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein and for frequenters thereof and shall furnish and use safety devices...

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