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PEPPAS v. MILWAUKEE

29 Wis.2d 609 (1966)

PEPPAS, Executrix, Plaintiff and Respondent, v. CITY OF MILWAUKEE, Defendant and Respondent: GARDNER M-E-L COMPANY and another, Defendants and Appellants.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland and Reginald W. Nelson, all of Milwaukee, for the Gardner M-E-L Company, and Arthur T. Spence of Milwaukee, for Har-Van, Inc., and oral argument by Mr. Nelson and Mr. Spence.

For the plaintiff-respondent there was a brief by Kersten & McKinnon, attorneys, and E. Campion Kersten of counsel, all of Milwaukee, and oral argument by E. Campion Kersten.

For the defendant-respondent there was a brief by John J. Fleming, city attorney, and George A. Bowman, Jr., assistant city attorney, and oral argument by Mr. Bowman.

WILKIE, J.

Two issues are presented on this appeal:

First, is the driveway a place of employment within the meaning of the safe-place statute?

Second, are the owner and the lessee of property abutting a driveway which lies within the boundary of the dedicated public street liable in nuisance for a defect existing in that driveway?

A preliminary question is raised by respondent Peppas, who, relying...

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