Wannmacher Et Al. v. Baldauf Corp‪.‬

In our original opinion herein we stated that it did not lie within the province of the jury to find that the defendant landlord violated the safe place statute by failing to guard the trap door opening with a railing in the absence of any ordinance or safety order so providing. We further held that Order 540 of the Wisconsin state building code did not apply inasmuch as when the defendant landlord acquired title in 1938 there was no structural defect in the premises, and thereafter it never had any right of entry or possession to enable it to comply with Order 5410, which we stated was promulgated so as to be effective July 29, 1942.