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CADDEN v. MILWAUKEE COUNTY

No. 108.

44 Wis.2d 341 (1969)

171 N.W.2d 360

CADDEN, Plaintiff and Respondent, v. MILWAUKEE COUNTY, Defendant: PAYNE & DOLAN OF WISCONSIN, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ben G. Slater of Milwaukee.

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

BEILFUSS, J.

Is the defendant-appellant, Payne & Dolan, entitled to summary judgment dismissing the complaint as to it?

The plaintiff bases his claim against the defendant upon the ground that the "soup dish" depression in the walkway was a violation of the safe-place statute.1 He contends that the walkway area in question was a place of employment because of the fact that vendors operated upon the grounds for gain or profit...

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