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NOVAK v. DELAVAN

31 Wis.2d 200 (1966)

NOVAK and wife, Plaintiffs and Respondents, v. CITY OF DELAVAN, Defendant and Respondent: DELAVAN-DARIEN UNION HIGH SCHOOL DISTRICT, Defendant and Appellant.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Godfrey, Godfrey, Neshek & Conway of Elkhorn, and oral argument by Thomas G. Godfrey.

For the plaintiffs-respondents there was a brief by Kenney, Korf & Pfeil of East Troy, and oral argument by Francis J. Korf.

For the defendant-respondent there were briefs by Heide, Sheldon, Hartley & Thom and W. A. Sheldon, all of Kenosha, and oral argument by W. A. Sheldon.

GORDON, J.

The School District as an "Owner."

The jury found that the school district was not negligent in failing to construct the bleachers so as to render them safe. Nevertheless, the learned trial court concluded as a matter of law that the school district was an owner, finding that it had the necessary control or custody of the premises so as to be chargeable with the nondelegable duty of constructing the bleachers in a safe manner.

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