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WASLEY v. KOSMATKA

No. 32.

50 Wis.2d 738 (1971)

184 N.W.2d 821

WASLEY (Vernice), personally and as the personal representative of Leon V. Wasley, deceased, Appellant, v. KOSMATKA, Respondent.

Supreme Court of Wisconsin.

Decided April 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Goldberg, Previant & Uelmen of Milwaukee, and oral argument by Arthur J. Goldberg.

For the respondent there was a brief by Straub & Lemke, attorneys, and John A. Hamell, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Hamell.

WILKIE, J.

The only issue presented on this appeal is the applicability of the "safe-place statute" to the case. Specifically, the question is whether secs. 101.01 (3) and 101.06, Stats., are applicable. When plaintiff requested Wisconsin civil jury instruction No. 1900 "Safe Place Statute: Injury to Frequenter: Negligence of Employer or Owner," the trial court ruled that the instruction was not applicable. The court affirmed this ruling in motions after verdict....

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