Liermann v. Milwaukee Dry Dock Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. This is an action by the administrator of the estate of August Beyersdorff, deceased, on account of the death of said Beyersdorff, resulting, as alleged, from the negligence of the defendant. From a judgment of nonsuit the plaintiff appeals.
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Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. This is an action by the administrator of the estate of August Beyersdorff, deceased, on account of the death of said Beyersdorff, resulting, as alleged, from the negligence of the defendant. From a judgment of nonsuit the plaintiff appeals. The facts appearing in the evidence were substantially as follows: The defendant is a corporation owning and operating a shipyard in Milwaukee upon the south bank of the Menomonee river, which at this point runs east and west. The deceased was a laborer in its…
1Opinion of the CourtWiNslow, J.
The plaintiff’s claim is that the defendant is liable because it failed to furnish the deceased with a safe place in which to work. • It is plain, however, that this principle does not apply to the case. The evidence shows without dispute that this was a case where it was the duty of the deceased and his fellow laborers to prepare the place in which and the appliances with which they were to work. The master furnished suitable and safe materials for the purpose. The preparation of the skidway and the blocking thereof was a mere detail of the work of the gang to which the deceased belonged. If…
2Cases cited4 opinions
- Mielke v. Chicago & Northwesteen Railway Co.Wisconsin Supreme Court · 1899
- Van den Heuvel v. National Furnace Co.Wisconsin Supreme Court · 1893
- Peffer v. CutlerWisconsin Supreme Court · 1892
- Stutz v. ArmourWisconsin Supreme Court · 1893
3Cited by5 opinions
- Deye v. Lodge & Shipley Mach. Tool Co.Court of Appeals for the Sixth Circuit · 1905
- Strehlau v. John Schroeder Lumber Co.Wisconsin Supreme Court · 1910
- Walaszewski v. SchoknechtWisconsin Supreme Court · 1906
- Wiskie v. Montello Granite Co.Wisconsin Supreme Court · 1901
- Schmidt v. J. G. Johnson Co.Wisconsin Supreme Court · 1911