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McNALLY v. GOODENOUGH

5 Wis.2d 293 (1958)

McNALLY, Appellant, v. GOODENOUGH and another, Co-partners, and another, Respondents.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Thronson, Roethe & Agnew, attorneys, and Jeffris, Mouat, Oestreich, Wood & Cunningham of counsel, and oral argument by Louis D. Gage, Jr., and John T. Roethe, all of Janesville.

For the respondents Goodenough there was a brief by Geffs, Geffs, Block & Geffs of Janesville, and oral argument by Eli Block.

For the respondent Aubrey H. Pember there was a brief by Schubring, Ryan, Petersen & Sutherland of Madison, and oral argument by R. J. Sutherland.

WINGERT, J.

The judgment of dismissal will be affirmed.

Owner not liable. Dr. Pember, the owner of the building, had leased all portions here involved to the Goodenoughs, and retained no control or possession thereof. Hence his liability under the safe-place statute was limited to structural defects.

The vestibule at the head of the basement stairs was provided with an electric light which was in operating condition, but it was turned off at...

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