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SHOEMAKER v. MARC'S BIG BOY

No. 242.

51 Wis.2d 611 (1971)

187 N.W.2d 815

SHOEMAKER and husband, Appellants, v. MARC'S BIG BOY and others, Respondents.

Supreme Court of Wisconsin.

Decided June 25, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief by Rudolph & Moore of Milwaukee, and oral argument by Amory O. Moore.

For the respondents there was a brief by Heft, Coates, Heft, Henzl & Bichler and Robert H. Bichler, all of Racine, and oral argument by Robert H. Bichler,

HEFFERNAN, J.

Although the complaint stated causes of action for a violation of the safe-place statute and for common-law negligence, the action for common-law negligence was not pursued, and the case was submitted to the jury under the safe-place statute. That statute, sec. 101.06, Stats., provides:

"Every employer shall furnish employment which shall be safe for the employes therein and shall furnish a place of...

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