Peppas v. City of Milwaukee

*613Wilkie, J.

Two issues are presented on this appeal:

First, is the driveway a place of employment within the meaning of the safe-place statute?

Second, are the owner and the lessee of property abutting a driveway which lies within the boundary of the dedicated public street liable in nuisance for a defect existing in that driveway ?

A preliminary question is raised by respondent Peppas, who, relying on Wells v. Dairyland Mut. Ins. Co.,2 challenges the right of either appellant to relief on this appeal since, as respondent contends, neither moved for a new trial below. However, Gardner, in its…