Legal Opinion

Berger v. Metropolitan Sewerage Commission

Wisconsin Supreme Court

Decided January 3, 1973No. 157PublishedCited by 10 opinions

1Opinion of the CourtWilkie, 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-place statute as owner of a place of employment. Appellants’ principal argument is that a question of fact is present here as to whether the sewerage commission maintained ownership of the sewer as a place of…

2Cases cited10 opinions

  1. Neitzke v. Kraft-Phenix Dairies, Inc.Wisconsin Supreme Court · 1934
  2. Potter v. City of KenoshaWisconsin Supreme Court · 1955
  3. Caldwell v. Piggly Wiggly Madison Co.Wisconsin Supreme Court · 1966
  4. Weber v. City of HurleyWisconsin Supreme Court · 1961
  5. Burmek v. Miller Brewing Co.Wisconsin Supreme Court · 1961

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Barrons v. J. H. Findorff & Sons, Inc.Wisconsin Supreme Court · 1979
  2. Vonasek v. Hirsch and Stevens, Inc.Wisconsin Supreme Court · 1974
  3. Barth v. Downey Co., Inc.Wisconsin Supreme Court · 1976
  4. State v. SchweglerCourt of Appeals of Wisconsin · 1992
  5. Luterbach v. Mochon, Schutte, Hackworthy, Juerisson, Inc.Wisconsin Supreme Court · 1978

5 more not listed; retrieve them via the Exa API.

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