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WEISS v. MILWAUKEE

268 Wis. 377 (1955)

WEISS, Plaintiff, vs. CITY OF MILWAUKEE and another, Defendants. [Two appeals.]

Supreme Court of Wisconsin.

January 11, 1955.

Attorney(s) appearing for the Case

For the plaintiff there were briefs and oral argument by William W. Apter, attorney, and William A. Ketterer of counsel, both of Milwaukee.

For the defendant city of Milwaukee there were briefs by Walter J. Mattison, city attorney, and Arthur Saltzstein and Ewald L. Moerke, Jr., assistant city attorneys, and oral argument by Mr. Moerke.

For the defendant county of Milwaukee there was a brief by William J. McCauley, district attorney, and Oliver L. O'Boyle, corporation counsel, and George E. Rice, assistant corporation counsel, and oral argument by Mr. Rice.

FAIRCHILD, C. J.

It is appellant's (city of Milwaukee) contention that the steps described in the foregoing statement of facts do not constitute a "structure" as that term is used to define "public building" in sec. 101.01 (12), Stats., and that therefore the safe-place statute does not apply to this case. Sec. 101.06 requires every owner of a public building to "so construct, repair, or maintain" it as to render the same...

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