Wasley v. Kosmatka

The only issue presented on this appeal is the applicability of the “safe-place statute” to the case. Specifically, the question is whether secs. 101.01 (3) and 101.06, Stats., are applicable. When plaintiff requested Wisconsin civil jury instruction No. 1900 “Safe Place Statute: Injury to Frequenter: Negligence of Employer or Owner,” the trial court ruled that the instruction was not applicable. The court affirmed this ruling in motions after verdict.

Plaintiff’s theory, briefly summarized, is as follows: Although plaintiff has recovered workmen’s compensation for the injuries of her deceased…