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BERGER v. METROPOLITAN SEWERAGE COMM.

No. 157.

56 Wis.2d 741 (1973)

203 N.W.2d 87

BERGER and another, Appellants, v. METROPOLITAN SEWERAGE COMMISSION OF THE COUNTY OF MILWAUKEE, Respondent: CITY OF FRANKLIN and others, Defendants.

Supreme Court of Wisconsin.

Decided January 3, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kersten & McKinnon, attorneys, and George P. Kersten of counsel, all of Milwaukee, and oral argument by George P. Kersten.

For the respondent there was a brief by Schroeder, Gedlen, Riester & Moerke, attorneys, and Ewald L. Moerke, Jr., of counsel, all of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

WILKIE, J.

Two issues are raised by this appeal:

1. Is there a question of fact on whether the defendant sewerage commission was the owner of a place of employment within the contemplation of the safe-place statute at the time of the deaths of plaintiffs' decedents?

2. If not, is the sewerage commission liable as an employer even if not an owner of a place of employment?

1. Liability under safe...

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