Home/Wisconsin Supreme Court/Moore v. City of Milwaukee

Moore v. City of Milwaukee

65 N.W.2d 3, 267 Wis. 166, 1954 Wisc. LEXIS 285
CourtWisconsin Supreme Court
DecidedJune 8, 1954
StatusPublished
Cited by7 cases

This text of 65 N.W.2d 3 (Moore v. City of Milwaukee) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. City of Milwaukee, 65 N.W.2d 3, 267 Wis. 166, 1954 Wisc. LEXIS 285 (Wis. 1954).

Opinions

Gehl, J.

The actions were tried upon the theory that there had been a violation of the safe-place statute, sec. 101.06, Stats., which provides that,

“. . . Every . . . owner of a . . . public building now or hereafter constructed shall so construct, repair, or maintain such . . . public building, ... as to render the same safe.”

Two contentions are made by the city, (1) that the platform may not be considered a part of the public building, and (2) that the city is not a proper party defendant.

Sec. 101.01(12), Stats., defines a public building as "any structure used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public, or by three or more tenants.” We have held consistently that a sidewalk area leading to a public building, although used by the public for access to and from the building, is not a structure within the meaning of the statute. Lawver v. Joint District, 232 Wis. 608, 288 N. W. 192; Banks v. St. James Congregation, 255 Wis. 108, 37 N. W. (2d) 842; Baldwin v. St. Peter’s Congregation, 264 Wis. 626, 60 N. W. (2d) 349; Mistele v. Board of Education, ante, p. 28, 64 N. W. (2d) 428.

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Moore v. City of Milwaukee
65 N.W.2d 3 (Wisconsin Supreme Court, 1954)

Cite This Page — Counsel Stack

Bluebook (online)
65 N.W.2d 3, 267 Wis. 166, 1954 Wisc. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-city-of-milwaukee-wis-1954.