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GUPTON v. WAUWATOSA

9 Wis.2d 217 (1960)

GUPTON, Appellant, v. CITY OF WAUWATOSA and another, Respondents.

Supreme Court of Wisconsin.

February 2, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs by H. R. George, and oral argument by Mr. George and Mr. Harvey L. McCormick, both of Milwaukee.

For the respondent city of Wauwatosa there was a brief by Kivett & Kasdorf, attorneys, and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

For the respondent Lefeber Building Corporation there was a brief by Quarles, Herriott & Clemons, attorneys, and James C. Mallien of counsel, all of Milwaukee, and oral argument by Mr. Mallien.

BROWN, J.

It may be doubted that the portion of the building where plaintiff was at work and was injured is a public building within the meaning of the safe-place statute, in that the duty of the owner of a public building under the safe-place statute to maintain the building in a safe condition extends only to such portions which are used or held out to be used by the public or tenants in common. Delaney v. Supreme Investment...

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