VOGT v. S. M. BYRNE CONSTRUCTION CO.


17 Wis.2d 96 (1962)

VOGT, Plaintiff and Respondent, v. S. M. BYRNE CONSTRUCTION COMPANY, Defendant and Appellant: MOTOLA, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

June 5, 1962.


Attorney(s) appearing for the Case

For the appellant there was a brief by Bender, Trump, Davidson & Godfrey, attorneys, and Kneeland A. Godfrey of counsel, all of Milwaukee, and oral argument by Kneeland A. Godfrey.

For the plaintiff-respondent there was a brief by Ray T. McCann, attorney, and Leonard L. Loeb of counsel, both of Milwaukee, and oral argument by Mr. Loeb.

For the impleaded defendant-respondent there was a brief by Rebholz & Duffey, attorneys, and Thomas J. Duffey of counsel, all of Milwaukee, and oral argument by Thomas J. Duffey.


DIETERICH, J.

This case involves a typical "do-it-yourself" project.

The testimony showed that the grinder was kept in an unused classroom in the school building, which room was used as a toolroom. On the morning of the accident, Mr. Byrne, president of Byrne Construction Company, arrived at St. Therese bringing a grinder (not involved in the accident), at the request of Father Wilwers, a priest of the parish. Byrne...

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