HAERTER v. WEST ALLIS


23 Wis.2d 567 (1964)

HAERTER, Respondent, v. CITY OF WEST ALLIS, Appellant.

Supreme Court of Wisconsin.

April 28, 1964.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of George D. Young of Milwaukee.

For the respondent there was a brief by Tilg & Koch, and oral argument by Robert Vaneska, all of Milwaukee.


BEILFUSS, J.

The gist of defendant's argument is that its motion for involuntary nonsuit on the safe-place cause of action should have been granted because the averages board was not associated with the structure of the gymnasium.

The trial court reasoned that our decisions in Zimmers v. St. Sebastian's Congregation (1951), 258 Wis. 496, 46 N.W.2d 820, and Zehren v. F. W. Woolworth Co. (1960),

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