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LEMACHER v. CIRCLE CONST. CO., INC.

No. 614 (1974).

72 Wis.2d 245 (1976)

240 N.W.2d 179

LEMACHER, Appellant, v. CIRCLE CONSTRUCTION CO., INC., Respondent.

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the appellant there were briefs by Albert J. Goldberg and Goldberg, Previant & Uelmen, S. C. of Milwaukee, and oral argument by Albert J. Goldberg.

For the respondent there was a brief by deVries, Vlasak & Schallert, S. C. of Milwaukee, and oral argument by Arthur J. Vlasak.

ROBERT W. HANSEN, J.

The plaintiff was injured at work when an improperly supported scaffold gave way. The scaffold was owned and erected by his employer, the subcontractor on the job. For such work-related injury he was entitled to workmen's compensation benefits from such immediate employer. This case is not his claim for these benefits. Rather it is a third-party action in tort against the general contractor as an "owner" and "employer" under the safe-place statute...

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