Frion v. Coren

It is appellant’s position that respondents are liable under the safe-place statute, sec. 101.06, for failing to construct the railing of the balcony as free from danger as the nature of the building would reasonably permit. The trial court held that while the building is a public building within the meaning of the statute, only such portions thereof as are used in common by the tenants or the public are subject to the statute, citing Gobar v. Val. Blatz Brewing Co. (1923), 179 Wis. 256, 259, 191 N. W. 509, where it was held:

“Such part of an entire structure as is put to a public use is not…